LGBTQ Divorce Lawyers in Round Rock
Practice Areas
Round Rock LGBTQ divorce lawyers are committed to providing compassionate and knowledgeable legal support for same-sex couples going through a divorce. Our experienced family law attorneys in Round Rock understand that LGBTQ divorces can present unique legal issues. We’re here to guide you through every step of the process, ensuring that your rights and your family’s best interests are protected.
Our law firm has extensive experience helping gay and lesbian couples navigate the LGBT family law issues that may arise during same-sex divorces. From child custody concerns involving non-biological parents to complex property division under Texas laws, we are prepared to address every aspect of your case. Contact the Law Office of Katy M. Lovett, PLLC, today by calling 512-956-5356 to learn more about how our family law attorneys can help you pursue a same-sex divorce.
Understanding LGBTQ Divorce in Texas
The legal process for gay and lesbian couples seeking divorce in Texas follows the same steps as divorces for heterosexual couples. Both parties must meet the residency requirements, meaning at least one spouse must have lived in Texas for at least six months and in the county where the divorce is being filed for at least 90 days.
From there, the process involves filing a divorce petition, notifying the other spouse, and working through property division, spousal support, child support, and child custody issues. Each spouse’s legal rights must be carefully considered, especially when it comes to matters like community property and the rights of non-biological parents.
The 2015 Supreme Court ruling that legalized same-sex marriage nationwide significantly impacts divorce proceedings for gay and lesbian couples. Before this ruling, Texas did not recognize same-sex marriages, making it impossible for those married couples to divorce within the state. Now, the recognition of same-sex marriage under federal law allows a same-sex divorce to proceed in Texas courts just like any other divorce.
This means LGBTQ couples have access to the same legal protections, including the ability to pursue fair child custody arrangements, equitable property division, and spousal support. However, LGBT issues may still arise when addressing matters like parental rights, especially if one parent is a non-biological parent or if legal ties were not formalized at the time of the child’s birth.
Legal Challenges in LGBTQ Divorces
Same-sex divorces can present unique challenges compared to traditional divorces due to LGBT issues that arise in family law matters like child custody, spousal support, and property division. Issues such as the legal recognition of non-biological parents, the division of assets acquired before same-sex marriage was legalized, and the nuances of spousal maintenance can make these cases more complicated.
These legal issues require the help of experienced family law attorneys with an in-depth understanding of LGBT family law. Our divorce attorneys in Round Rock will not only guide you through the divorce process but also ensure that your and your children’s legal rights and well-being are protected.
How Same-Sex Marriage Affects Child Custody in Texas
Child custody in LGBTQ divorces can be more complicated, especially when one parent is not the biological parent. A Round Rock child custody attorney can provide critical assistance in navigating these challenges. Texas courts base custody decisions on the best interests and well-being of the child, but non-biological parents often face additional hurdles in securing legal rights.
For LGBTQ parents who did not formally adopt their child, it can be challenging to maintain child custody or visitation rights. Establishing a legal connection to the child is essential to protect parental rights and ensure that both parents can maintain a meaningful relationship with the child after the divorce.
Understanding Spousal Support in LGBTQ Divorce
When it comes to spousal support, Texas courts consider factors such as the length of the marriage, the financial resources of each spouse, and their ability to earn an income post-divorce. For same-sex couples, specific circumstances such as employment discrimination or gaps in financial contributions due to the dynamics of the relationship may come into play.
These factors can influence the court’s decision on spousal maintenance, ensuring the support arrangement is fair and reflects the couple’s unique situation. Same-sex couples may face additional legal considerations when seeking spousal support in Round Rock, especially if their marriage was only recently recognized.
Contact a Round Rock alimony lawyer to learn more.
How Texas Laws Handle Property Division in LGBTQ Divorce
In Texas, marital property is generally divided equally between spouses, but for same-sex couples, the division of assets can be more complex. A Round Rock property division attorney can help address these unique challenges. Many gay and lesbian couples may have been in long-term relationships before their marriages were legally recognized, making it challenging to determine how to fairly divide assets acquired before the 2015 Supreme Court ruling.
Equitable distribution is critical in these cases, ensuring that both parties’ financial interests are protected. Courts must consider the duration of the marriage and the couple’s pre-existing relationship when dividing property, which may include real estate, retirement accounts, and other jointly held assets.
Unique Family Law Issues in LGBTQ Divorce Cases
Same-sex divorce cases often involve distinct family law issues, especially around adoption and parental rights. For same-sex couples, establishing legal parental rights can be more complicated, especially if only one gay or lesbian partner is the biological parent.
In cases where the non-biological parent did not legally adopt the child, they may face significant challenges in securing child custody or visitation rights. Adoption plays a crucial role in solidifying the parental status of both parties, offering legal protection for the non-biological parent in the event of a divorce.
Another issue in LGBTQ divorces involves the legal recognition of pre-existing relationships before the 2015 Supreme Court ruling that legalized same-sex marriage. Many same-sex couples were in long-term partnerships before their marriages were legally recognized, which can complicate the division of assets and the determination of spousal maintenance.
In this scenario, the court must consider the length of the relationship, not just the legal marriage, to ensure a fair outcome regarding property division and spousal maintenance. These challenges require a nuanced understanding of LGBT family law to protect the rights and interests of both parties.
Round Rock Family Law Attorney for Same-Sex Couples
If you are a same-sex couple in Round Rock facing divorce or other family law issues, our Round Rock family law firm is here to support you through this challenging time. Our family law attorneys understand the unique legal challenges that same-sex couples encounter, and we are dedicated to protecting your rights and guiding you through every step of the legal process. Whether you’re dealing with child custody, spousal support, or property division, we will work tirelessly to ensure the best possible outcome for your family.
Contact the Law Office of Katy M. Lovett, PLLC today at 512-956-5356 to schedule a consultation and learn how we can assist you with your LGBTQ divorce or other family law matters.
At the Law Office of Katy M. Lovett, PLLC, you are not just a case number. Our family law attorney takes the time to listen to your concerns, understand your goals, and develop a strategic approach that aligns with your needs under Texas law.
