LGBTQ Family Law

Whether you need a simple divorce or have contested custody issues, our attorneys are here to help

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LGBTQ Marriage in Texas

Once the U.S. Supreme Court decided the historic Obergefell case in 2015, gay marriage became legal in Texas. Texas must now permit same-sex marriage and recognize marriages from other states and countries. This also means that courts in Texas can now grant a divorce to same-sex couples, whether the marriage occurred in Texas or elsewhere. When a divorce occurs, the court will need to address property issues and issues with any children of the marriage just as in any other case.

Texas is unique because it recognizes common-law marriage [*common law marriage page]. It may be possible to prove that a same-sex marriage exists even if there was never a formal marriage license issued.

 

Since each case involving gay marriage will be different, our attorneys can help assess your case and guide you through the available legal options.

 

Dealing with the Unknown

Since the Obergefell decision, new law continues to develop around the impact of this decision. For example, can a common law marriage exist back to a date before Obergefell was decided? Another issue is that our child custody laws are not written with gender-neutral language. This calls into question whether Texas law recognizes that a child born during the marriage has two mother or two fathers.

In a child custody or divorce case, it is imperative that you work with a lawyer who understands these complicated legal issues. Our attorneys have experience with these cases and can advocate for the needs of your case.

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