The United States Supreme Court legalized same-sex marriage in every state in 2015 with its ruling in Obergefell v. Hodges. Now the law recognizes same-sex marriages as being equal to heterosexual marriages, and legal disputes receive the same treatment; there are no legal differences between a heterosexual divorce or a gay divorce. However, these divorces can be complicated by other legal factors such as instances when an informal marriage may exist before ratification of the same-sex marriage.
For same-sex couples with children, one of the biggest concerns in a pending divorce case is each party’s custody rights. Texas has not amended any new laws regarding child custody since the Supreme Court’s decision. However, the general in Texas is that if both parties in a same sex-couple to be viewed as legal parents, they must both have legally adopted the child or one of the parties is the biological parent. In cases where only one party is the legal parent, it can be difficult for the non-legal parent to be granted custody and visitation.
At Walters Gilbreath, PLLC we understand that although they receive the same treatment, same-sex marriages and divorces require an in-depth understanding of the nuances that can affect or otherwise complicate cases. If you are in such a marriage and want a divorce contact us, and a member of our team will guide you every step of the way.