Se Habla Español | Nous Parlons Français


You are here:

When same-sex couples divorce, what are the main issues?

You and your same-sex spouse have been together for 15 years. The minute same-sex marriage was legalized in the United States in 2015 you began planning your dream wedding in Texas. Several years later, things are not going well. Both of you are unhappy and have ultimately decided to divorce.

Before you can file for divorce, you must have been a resident of the state of Texas for a minimum of six months.  Upon filing, it’s important to know that all divorces will address spousal support, the division of marital assets, child support, and child custody. However, same-sex divorces often have unique issues that other couples don’t face.

3 issues that may arise in a same-sex divorce

These are some of the complications same-sex couples may face when they split up:

  1. The true date of marriage: Complications could arise if one of you is seeking palimony, which is spousal support for the years you were together but not married due to the legal barriers. You may also disagree on what equals marital assets based on when you actually committed to each other, not just what your paperwork says.  
  • Domestic partnerships and civil unions: If you had either of these in other states, you have to take additional steps to end those legal entanglements. Your divorce won’t cover it.
  • Child possession: if you and your spouse have a child together, you may assume that your status as the biological parent means you’ll automatically get sole possession. That may not be how things play out, however. Every case is unique.

Divorce laws are still a bit unclear when it comes to same-sex marriage. That’s why it’s very important that you seek out experienced legal guidance to help you make the right choices as you move ahead.