Separate from the contentious topic of same-sex marriage is another controversial issue that has recently come under the microscope in numerous states, including Texas says William D King. The question of whether same-sex couples should be able to get divorced has not only split lawmakers but also courts across the country.
There are some attorneys who are considered divorce specialists, and have extensive experience in the process of dissolving a marriage according to laws that were created years ago for heterosexual couples. These experienced Austin family law attorneys can help gay or lesbian people understand their rights and advocate on their behalf so they don’t have to endure an expensive court battle with their former spouse. If you have recently made the choice to end your marriage, here is what you need to know about your options for obtaining a divorce in Texas:
Gay Marriage/Civil Union Information What You Should Know
The current state of Texas law is that same-sex couples are not allowed to marry in the state. However, there are some rights associated with civil unions or domestic partnerships. For example, if you have a civil union or domestic partnership, then your spouse can make medical decisions for you according to health care powers of attorney and living wills.
However, this does not mean it’s impossible for gay people to get divorce in Texas at this time. If you were legally married elsewhere, then the law recognizes that marriage even though it wasn’t consummated in Texas explains William D King.
You will need to prove that your marriage falls into one of these categories:
1) The couple was legally married in another jurisdiction on or after September 1st, 1997, and the marriage is recognized as valid by that state.
2) The couple was legally married in another jurisdiction before September 1st, 1997. But they did not continue to cohabit after moving to Texas.
3) If you are of the same sex, then your marriage does not fall under any category above. Because of the constitutional ban on same-sex marriage. However, if you can prove that your marriage is substantially similar to heterosexual marriage—meaning. If it has every element of a traditional marriage except for involving members of the same sex—then. It can be consider a common law or “informal” marriage and treat as such for purposes of divorce proceedings.
The residency requirements involved with divorce vary depending upon which option is available to you. If you are seeking an informal divorce. Then you must have been a resident of Texas for at least one year prior to filing the petition. However, if your marriage is consider legally valid, but not recognize under Texas law. Then the divorce process requires residency in the state for six months before filing the petition.
If two people are still living together as domestic partners or civil union partners. It doesn’t matter – they are NOT divorce yet. That’s very important!
Same-sex couples in Texas who want to get divorce. They have two options for doing so under current law says William D King. They can either show that their marriage falls into the category of a common law or “informal” marriage, if one applies to them. Or they can prove that their marriage is consider legally valid outside the state’s borders. Other laws associating with divorce proceedings may also be affect by your sexual orientation. When it comes to property division and child custody issues. If you are considering a legal separation from your spouse in a same-sex relationship. It is wise to speak with an experienced family law attorney so you understand all of your rights and obligations. Before making any decisions about dissolving your union.
It is possible for same-sex couples in Texas to get divorce. But the process may present some obstacles depending on their specific circumstances. However, just because you are gay does not mean. That it will be impossible to receive a fair outcome when you file for divorce. This article should give you an idea of what options are available to you. Based upon your unique situation with your ex-spouse.
If one or both partners have children under the age of 18, then they must show proof. That the child custody arrangement is in the best interest of all children involve with motions file at court.