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Same-Sex Couples & Divorce Archives

How does same-sex divorce compare to heterosexual divorce?

With same-sex marriage now being legal across the country, it is easy for people, no matter their sexual orientation, to assume that marital problems and divorce rates are similar among heterosexual people and the LGBTQ community. You and other Texas residents may be interested in learning how same-sex marriage and divorce rates compare, as well as the unique challenges same-sex people can experience in their marriages.

Questions same-sex couples should ask before divorcing

Every couple who gets married in Texas intends to make a commitment that will last a lifetime. Unfortunately, circumstances often arise that make the relationship untenable. Same-sex couples are no more immune to these forces than heterosexual couples, and divorce is no easier to contemplate for same-sex couples than their traditionally married heterosexual counterparts. As a matter of fact, at Laura Dale & Associates we have observed that divorce can actually be more difficult for same-sex couples because of unique legal circumstances that apply. 

What should same-sex couples know about domestic violence?

Domestic violence can happen to anyone, regardless of social or financial status, race, gender and sexual orientation. You and other Texas residents should know that those in same-sex marriages are also vulnerable to intimate partner violence. In fact, some studies have shown that those in the LGBTQ community may be more prone to experiencing domestic violence and less likely to seek or get help than heterosexuals.

Contested versus uncontested divorce

In Texas, there are many couples considering getting a divorce for an abundance of reasons. There are two primary categories divorces fall under: contested and uncontested. Today, we will take a look at both, the differences between them, and what type a couple may be qualified for.

Answers to questions about common law marriage requirements

Since the 2015 Obergefell decision in the U.S. Supreme Court, same-sex couples in Texas have all the same rights pertaining to marriage and divorce that apply to heterosexual couples. At Laura Dale & Associates, we know that this can cause confusion as it relates to the beginning of a common law marriage as well as the possible end. In this article, we endeavor to answer the questions you may have to clear up any confusion. 

Is mediation a good idea in a same-sex divorce?

If you and your same-sex spouse decide to seek a Texas divorce, you may well find that obtaining a mediated divorce serves your interests better than obtaining a traditional litigated divorce. This is because while Texas recognizes same-sex marriages, our divorce laws generally were passed with heterosexual couples in mind, not same-sex couples. Consequently, you may find mediation the perfect workaround to your having to precisely fit within all the various aspects of Texas divorce law.

Child custody and same-sex divorce

Divorce can be tricky for any couple, but there are some particularly difficult legal matters that same-sex couples often have to work through. As with opposite-sex couples, same-sex couples may struggle with spousal support, the interpretation of a prenuptial agreement, and other divorce-related legal matters. However, some are particularly prevalent among same-sex couples and can be highly emotional. For example, disputes and uncertainty related to the custody of children can be very worrisome for same-sex couples who have adopted a child or have a child that was conceived via a sperm donation. For same-sex couples thinking about divorce in Houston, reviewing the laws in Texas is paramount.

Understanding that every child support case is unique

Legal issues that involve children can be particularly challenging for parents to work through. However, it is essential to make sure that children are provided with the care they need and make every effort to pursue a healthy outcome. Child support can be especially difficult for certain families, from the perspectives of custodial and non-custodial parents alike. If you are facing any child support matter, or expect that child support will be a contentious issue during your divorce, it is vital to recognize that every case is different.

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Laura Dale & Associates, P.C.
1800 Saint James Place
Suite 620
Houston, TX 77056

Toll Free: 888-572-6059
Phone: 713-574-7952
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