For LGBTQ+ individuals going through a divorce, the process can bring up specific questions and concerns that others may not face. Things like past bias, finding the right legal support, or dealing with sensitive family dynamics can make the experience feel more complicated.
In the video, Atty. Tina Campbell and Atty. McKenzie Coe of Turner-Monahan PLLC discuss how courts handle divorce cases involving one biological and one non-biological parent. All case evaluations are based on Texas Family Law. This content is for educational purposes only.
Are There LGBTQ+ Divorce Resources Available?
There are resources available for LGBTQ+ individuals going through a divorce, even in more conservative areas. A lot of the same resources that help anyone going through a divorce or separation apply here, too.
It’s important to make sure you understand the law, how property is divided, and the fact that Texas is a community property state. That means it’s a 50/50 community property state, so knowing the basics is important.
Nonprofits and Legal Support
There are additional resources that may be helpful. Many nonprofits in the area specifically support the LGBTQ+ community. These can be a great place to start. There are also several attorneys who focus on LGBTQ+ family law. They can be valuable resources during this process.
We’ve taken continuing legal education (CLE) classes on this topic, and there’s a lot to learn. But the good thing is that the purpose of having a judge is to ensure fairness. Judges are meant to be impartial.
What We’ve Seen in Court
At Turner Monahan, we haven’t seen any discrimination in court based on a couple being in a same-sex marriage. In our experience, judges in Tarrant County have treated LGBTQ+ clients the same as any other client. We’ve had cases in several different courts in Tarrant County, not just one, and we’ve never seen any sign that clients were treated differently.
There may have been more stigma in the past, but today it feels much more normal. For us, it’s just part of day-to-day family law. Our judges have been very accepting and accommodating, and we haven’t experienced any issues.
What Do Judges Focus On?
Judges in Tarrant County generally focus on what is best for the children. It doesn’t matter if the family has two moms, two dads, or a mom and a dad. The judge’s concern is simple: What is best for the children involved?
Why Choosing the Right Attorney Matters
We also recommend finding an attorney who has experience handling same-sex divorces. At Turner Monahan, we have handled these cases before. There are also other attorneys in the area who specialize in this. But it’s very important to speak with someone who understands the specific needs and challenges that may come up in a same-sex divorce.
Dealing with Unspoken Bias Outside the Courtroom
Even when courtrooms are fair, there can still be challenges outside of them. Some families or communities may not be fully supportive, which can add stress to an already emotional time. It’s important to find a legal team and support system that treats your case with the care and respect it deserves, without judgment. At Turner Monahan, we listen first, then act based on your goals.
Co-Parenting Challenges in Same-Sex Divorces
In same-sex divorces, co-parenting plans can involve more than just legal rights. Sometimes, only one parent is biologically related to the child, or only one is listed on the birth certificate. That can lead to legal complications if not handled properly. An attorney familiar with these cases can help make sure your parenting rights are protected and clearly stated in the court order.
Name and Gender Marker Updates After Divorce
Some LGBTQ+ individuals may want to update their name or gender marker during or after the divorce process. This can involve filing additional forms with the court. It’s not directly tied to divorce, but it often comes up at the same time. A lawyer experienced in LGBTQ+ legal matters can help make sure these updates are done properly, so they don’t create issues later.
What Does the Texas Family Code Say About LGBTQ+ Divorce?
While the Texas Family Code doesn’t single out LGBTQ+ couples, it applies equally to all families. Below are a few key statutes that matter in these cases:
Section 153.002: Best Interest of the Child
This is the main standard that courts use in any custody case. It means the court focuses on what arrangement is best for the child, not on the gender or identity of the parents.
Section 6.001: Grounds for Divorce
Texas allows for “no-fault” divorce. This means either spouse can file for divorce without proving the other did something wrong. This protects privacy and makes the process smoother for LGBTQ+ couples.
Section 102.003: Standing to File for Custody
This outlines who has the legal right to file for custody. It includes people who have had care, control, and possession of a child for at least six months. This can be helpful in cases where a non-biological parent has raised the child but is not listed on official documents.
Section 153.131: Parental Presumption
The court usually assumes that appointing a parent as managing conservator (the person who makes major decisions) is in the child’s best interest. If you’re a legal parent, this protects your right to stay involved, no matter your gender or orientation.
Understanding how these rules work can help LGBTQ+ spouses feel more confident about the legal process. A knowledgeable attorney can break these down even further based on your situation.
Hire An Experienced Fort Worth, Texas, Divorce Attorney
Divorce is never easy, and for LGBTQ+ individuals, it may involve extra questions. But with the right help and knowledge, it doesn’t have to feel overwhelming. Speak with a family law attorney who understands these issues and can help protect what matters most to you. Schedule a free, no-obligation consultation with Attorney Tyler Monahan to discuss the details.
Check our website for more information about our services. Plus, don’t forget to go through our blog to find out more about your case. There is tons of information on divorce and answers to unique questions like “How Do You Get Medical Information From the Other Parent Who Is Keeping It From You?”
FAQs Regarding Divorce
Divorce cases are unique, so you will have many questions. To save you time and hassle, here are some topics that revolve around the area. For more information, contact our firm, Turner-Monahan, PLLC.
Disclaimer
The commentary and opinions are for informational and educational purposes only and are not intended to provide legal advice. You should contact an attorney in your state for legal advice concerning any particular issue or problem. You can become a client and enter the attorney-client privilege only after hiring Turner-Monahan, PLLC, by signing a written retainer agreement.
