With the legalization of same sex marriages across the U.S., a lot changed in the legal landscape regarding same sex couples. For instance, it means that a divorce between same sex spouses looks largely the same as one between spouses of differing genders. Despite the many similarities, there remains certain special considerations that should be accounted for when it comes to same sex divorces.
Special Considerations in a Same Sex Divorce
Child custody and support can be particularly complicated in same sex divorces. This is especially true in situations where one spouse adopted a child on their own prior to marriage or one parent is the biological parent of the child and the birth occurred prior to the marriage. You see, in the absence of an established legal relationship with the child, it will not matter whether you get married to the child’s legal parent and provide the child with love and support as if they were your own. If you have not been established as the legal parent of the child, it will be difficult or nearly impossible for you to be awarded child custody rights in a divorce.
There can also be complications when it comes to the determination of alimony awards. Alimony awards can hinge a great deal on the length of the marriage. Considering the fact that Texas had a same sex marriage ban in place until the U.S. Supreme Court ruled in Obergefell v. Hodges in 2015 that such bans were unconstitutional, the length of marriage for a same sex couple in Texas may be a little complex. There may be an argument asserted by one spouse claiming they had a longer marriage as they were married prior to the downfall of the same sex marriage ban. The other spouse may claim they had a shorter marriage as the marriage prior to the end of the same sex marriage ban does not count.
There may also be inherent biases a same sex couple needs to contend with to varying degrees throughout its dealings with the legal system. Despite the progress the country has made regarding the LGBTQ+ community, bias remains. It can be critical to have dedicated legal counsel by your side to help effectively navigate and neutralize such bias as best as possible.
Family Law Attorneys
Are you considering a Texas divorce? You can count on the dedicated team of family law attorneys at Navarrete & Schwartz to provide you with legal counsel you can trust. We are here to represent you and protect your best interests throughout the divorce process. After all, divorce can have a powerful impact on your life far into the future. We want to set you up for success as you proceed down your new life path. Don’t hesitate to reach out to us with any questions you may have. We are proud to serve the residence of Midland, Texas. Contact us today.