Laura Dale & Associates, P.C.

The challenges of child custody in a same-sex divorce

2026-06-01T18:18:14Z

Same-sex couples who married in Texas or elsewhere before relocating to Texas may eventually divorce. The laws that apply during divorce are the same regardless of the sexual orientation or identity of the individual spouses. However, the practical implications of divorce can be substantially different for same-sex couples as opposed to heterosexual couples. When there are children in the family, concerns about custody are common. Parents in same-sex marriages contemplating divorce need to understand how Texas handles custody matters to protect themselves and their children during their upcoming divorce process.

Do both parents have legal rights?

One of the main differences faced by divorcing same-sex couples is the lack of automatic parental rights when the couple has children. Frequently, the children in the family may only have a genetic tie to one of the parents. Even in cases involving adoption, one parent may be on the paperwork, while the other is technically a stepparent. A stepparent adoption may be necessary for stepparents and non-biological parents in same-sex relationships to protect their parental rights in the event of a divorce. Without a formal adoption on record, parents may struggle to secure shared custody or even visitation during divorce litigation. They may be able to reach an arrangement with their spouses in an uncontested custody scenario. However, if there are disputes, the law does not automatically protect parents who have not legally adopted their stepchildren. Reviewing family circumstances with a Texas child custody attorney can help people preparing for same-sex divorce understand their rights. Especially in high-conflict cases, one parent may face an uphill battle if they want to secure shared custody, and they need to be prepared accordingly.

What makes a divorce more contentious?

2026-05-21T19:16:48Z

Some divorce cases progress rather smoothly, and the couple is able to quickly find resolutions as they end their marriage. But other cases are very contentious and lead to extensive conflict that can sometimes make the divorce take longer and become far more stressful. So what is it that makes a divorce case more contentious? Below are two key areas to consider.

Disagreement on key terms

First and foremost, if the couple has serious disagreements over important terms of their divorce, it can certainly make things more contentious, especially if they do not want to compromise. Key areas to consider include:

Child custody rights
Visitation rights
Child support obligations
Spousal support or alimony
The division of marital property
The division of marital debt

If both spouses want to have sole custody of their children and exclude the other, for example, it can be much more complicated than if both spouses are open to sharing custody with one another.

The reason for the divorce

The reason why the couple has decided to get a divorce can also play a role. For instance, the American Psychological Association claims that 20% to 40% of divorce cases in the United States are the result of infidelity or extramarital affairs. These divorce cases are often much more contentious because one partner will feel betrayed and angry, so they are less likely to compromise with the other spouse. This can be much more difficult to navigate than an amicable divorce, where the marriage has simply run its course or the couple has drifted apart. When a divorce case gets complicated and the level of conflict is high, it is very important to understand exactly what legal steps to take to protect your rights and seek an appropriate resolution.

During divorce, can your spouse make you leave the home?

2026-05-07T21:24:25Z

You get a text from your spouse while you are on the way home from work, telling you that the two of you need to talk. You have been having marital troubles lately and discussing divorce, so you are not necessarily surprised. What does surprise you when you get home is that your spouse has packed a suitcase with some of your belongings and serves you with divorce papers. They tell you that they want to end the marriage and that you need to find another place to live. But is your spouse actually allowed to kick you out of the house?

Not in most cases

As a general rule, no one can make you leave your home if you have ownership rights to the property. Did you and your spouse buy the home together, and is your name on the paperwork for that property? If so, they can ask you to leave, but they generally cannot force you to do so. The only way someone can legally force you to leave a home that you own is through a court order. This sometimes becomes relevant in situations involving allegations of domestic violence. For example, if your spouse obtains a restraining order, the court could order you to move out of the home. But if your spouse simply wants to live separately during the divorce process, they generally cannot just remove you from the home on their own. The two of you may certainly decide to work together to arrange separate living situations, but you typically cannot be forced out immediately without legal action. Property rights are very important during a divorce, both because the home provides stability and because it is often a marital asset that must go through property division. If you are involved in a contentious divorce, it is critical to understand all of your legal options.

Understanding Texas high-asset property division in divorce

2026-04-27T09:25:41Z

Dividing property in a high-asset divorce can be complex and emotionally challenging because these cases often involve significant wealth, multiple investments and valuable personal property. High-asset divorce situations require more detailed financial reviews and more careful planning than the average divorce. Understanding how the process works can help protect your interests and ensure a fair outcome.

Valuing complex assets

High-asset divorces often involve businesses, investment portfolios, real estate and retirement accounts. Each of these must be accurately valued before division and financial experts may be involved to assess the true worth of these assets.

Understanding division methods

Texas is a community property state. You will need to determine what qualifies as community property and what classifies as separate property. Assets and debts acquired during the marriage are considered community property unless an exception can be proven. Separate property includes the assets owned before the marriage, and may also include gifts and inheritances, even if they were acquired while married. Courts aim to achieve a just and right division of your community property that is fair to each spouse and to any children they share.

Addressing debts and financial obligations

Property division is not limited to assets alone. Community debts must also be reviewed and allocated between both parties, which may include mortgages, loans and credit obligations. In high-asset cases, debts can be substantial and require careful consideration.

Managing tax and long-term impacts

Dividing high-value assets can have lasting financial consequences. Taxes, future income and ownership rights should all be evaluated.

Reaching agreements or court decisions

Many couples aim to reach a settlement through negotiation, where agreements can provide more control and reduce conflict. If an agreement cannot be reached, the court will decide how the property is divided.

Final thoughts

High asset divorce cases require careful attention to detail and a clear understanding of financial and legal factors, with each decision having significant long-term effects. Seeking professional and reliable legal guidance can help you navigate the process, protect your assets, and work toward a fair resolution that supports your future stability.

Can a new relationship end spousal support payments?

2026-04-06T10:21:52Z

Spousal support, also known as alimony, can help to make the economic outcome of divorce fairer. When there is a significant gap in the income of the spouses or if one spouse focused on home services more than employment, the spouse with the lower income can petition the courts for spousal support. Provided that there is a need for support and the other spouse has the ability to pay, the courts may order one spouse to temporarily augment the monthly income of the other. The amount of support and how long payments last depend on unique details about the marriage, such as how long it lasted. Typically, spousal support orders only last a set amount of time. If one of the spouses starts a new relationship before their spousal support order ends, can that new relationship alter spousal support obligations?

Some relationships affect support orders

If the spouse paying support begins another long-term relationship or remarries, their new marital responsibilities do not eliminate their obligations through the support order. They typically continue paying support until their order ends. However, a new relationship started by the recipient spouse could affect their continued eligibility for spousal maintenance. The remarriage of a recipient spouse usually terminates their eligibility for continued support payments. In fact, permanently cohabitating with a new romantic partner can also be grounds to terminate social support. Any substantial change in either spouse’s financial circumstances might warrant a review of spousal support. Those preparing to petition the courts for support, respond to a petition or request modifications may need legal guidance to understand the rules that govern Texas spousal support, and that’s okay.

3 options for your jointly-owned business in divorce

2026-03-18T11:46:49Z

Getting divorced as business owners can make things much more complicated. Many businesses are jointly owned by two partners, who may not even have a partnership agreement in place. As long as they were married, they assumed that things would work out smoothly.

But in a divorce, this means that the business is a marital asset and is subject to property division. There are three basic options couples can utilize at this time.

Drafting a partnership agreement

First, they can create a partnership agreement and continue to work together. Just because two people get divorced does not mean they have to change their professional relationship. For couples who are still on relatively good terms with one another, this may be an easy solution.

One person exits the business

Another option is for one of the partners to leave the company. The other person then buys out their ownership share. If the business is worth $500,000, for example, they may have to exchange other marital assets or directly pay their spouse for their share of the company, which may be $250,000.

The couple sells the business

When it is too expensive to buy the other partner out, the solution is sometimes that the couple just sells the business for whatever it is worth on the open market. A third party takes over, and the couple divides the proceeds from the sale. By turning the business into a financial asset, it makes it easier to divide.

Every situation is unique, but it is important for couples to fully understand the options that they have and the legal steps they still need to take.

Challenges for children living in two homes

2026-03-06T11:47:23Z

Parents who go through a divorce have to help their children learn how to live between two homes. This is challenging to a child who has likely spent their entire life with their parents under the same roof. As a parent, one of the most difficult tasks when you're dealing with this situation is finding ways to help your child address the challenges that come with living between two homes. One of the easiest ways for you to start this process is to ensure that a comprehensive parenting plan is in place to govern how both parents will raise the children.

Lax or nonexistent rules

Some parents tend to be lenient about rules when their child is going through the process of learning to live between two homes. It's imperative that you establish your household rules as early in this process as possible so that your children know what to expect. You can adjust them as you need to, but it's important that you set at least the basics.

No personal space

Another challenge for some children is that they don't have a personal space in one parent's home. If possible, give your child a room where they can keep their things. If they can't have a whole room to themselves, making sure that they have something, even a dresser that's theirs, can help them to feel like that house is more of a home.

Lack of continuity between homes

You can't control what your ex does when they have the children, but you can have guidelines set in the parenting plan that establish some sense of continuity for the children. In some cases, this could be as simple as having a consistent bedtime or requirement for homework. If possible, work with your ex to come up with agreements for keeping major components of the child’s routine consistent. The parenting plan is the roadmap for raising children with your ex. Taking the time to set it up is critical, and it may be beneficial to work with someone who can assist with this process.

Addressing changes to child custody in the coming months

2026-02-17T17:45:39Z

In March and April, many coparents start thinking about their child custody and visitation schedule. During the school year, things may have been very consistent. But as the spring and summer approach, some changes may be necessary. For example, coparents may want to address holidays. Who should have custody of the children on the Fourth of July? How should visitation be addressed, or how should custody exchanges be made when holidays mean that your weekly schedule significantly deviates from the norm? Many holidays also involve travel. If a parent wants to take their child on a trip to another state or even another country for spring break, for example, they may need to inform the coparent or even get their permission to take that trip. For an extended trip, such as a multi-week road trip, they may even need to alter the custody schedule to ensure they do not interfere with their coparent’s custody rights.

The summer vacation schedule

Even just the summer break from school can change things significantly. Many employed parents share custody, but things go smoothly because the children are at school when the parents are at work. During the summer, this may mean that modifications are needed. Children have three months off. If they are very young, who is authorized to watch them? Do both coparents get a say in choosing babysitters or deciding whether or not the children can be left with their grandparents? With proper communication, coparents can address these hurdles, but it is very important to be aware that shifting schedules in children’s lives can affect parents and their custody schedule. Those who are going through this process need to be well aware of all their parental rights and the legal steps they can take to address any necessary custody modifications.

Same-sex parents may want to settle custody issues privately

2026-02-06T17:39:24Z

Custody litigation is a standard part of divorce when spouses have children together. Generally speaking, married couples share parental rights and responsibilities after the end of a marriage. However, some families have more complicated circumstances than others. Married same-sex couples sometimes share children. One spouse may have a child from a previous relationship. The couple may use medically assisted reproductive services or might adopt a child. When same-sex couples divorce, they may need to work together to settle custody matters to avoid complications.

Same-sex custody cases are complex

Formal adoption procedures are often necessary to protect both parents in a same-sex marriage. Unless the spouses adopt jointly, the spouse who does not have a genetic relationship to the child or who did not participate in their adoption may not technically have parental rights under current Texas custody statutes. If the matter requires litigation, lengthy court proceedings looking at the history of the relationship between the stepparent and the children could be necessary. The process can become more costly and contentious. To ensure an appropriate distribution of parental rights and responsibilities and the continuation of the parent-child relationship, the spouses divorcing may need to settle outside of court. Parents can agree on any terms that they both believe are in the best interest of their children. Both spouses and their children may benefit from an amicable arrangement that allows for shared access and mutual financial support of the child. Reviewing family dynamics with a divorce attorney can help spouses understand their rights and options during a same-sex divorce. Couples who settle custody matters amicably have more control over the final terms, which can be important when there are close familial connections but no technical legal ties between one parent and the children in the family.

Who decides a home’s value during a Texas divorce?

2026-01-30T14:27:34Z

Divorce proceedings help people who have lived together separate their lives. Spouses need to identify their marital assets and determine what they are worth. They then negotiate arrangements for splitting those reasons, as well as their marital debts. High-asset divorces may involve numerous valuable resources, including investments, retirement savings and real property. Real estate holdings, such as one’s marital home, are often the most valuable assets spouses must divide, and the agreed-upon value of the home can influence many other aspects of the final settlement. Who settles a disagreement about home value in a Texas divorce?

Professional insight may be necessary

If spouses agree to list their home, then the market may ultimately settle their disagreements about what the home is worth. However, if one spouse intends to stay in the home, they need to resolve their disagreement on the fair market value of the property. Frequently, spouses hire appraisers to assess the property. However, the home valuation process involves some subjective elements. Appraisers may slightly skew their final valuations based on the priorities of their clients. The spouse retaining the home likely wants to keep the assessed value as low as possible, while the spouse moving out may want to set the highest possible value. Sometimes, both spouses hire their own appraisers. They can then average the values set and meet in the middle. In cases where spouses truly do not agree on what the home is worth, it may be necessary for them to have a judge review appraisal reports and other documentation to determine a reasonable value for the home. Preparing for property division litigation may require the support of professionals, including a lawyer and those with experience handling residential real estate. Ultimately, accurate valuation is often critical when dividing community property, and working with a skilled legal team can help to better ensure a fair outcome accordingly.