Divorce is a challenging process for any couple. However, Individuals in same-sex marriages may have specific questions and concerns about what the divorce process looks like for them.
If you are undergoing a same-sex divorce in Texas, it is important to understand the options and resources available to you.
Legal recognition of same-sex marriages
In 2015, the United States Supreme Court made a historic decision in the case of Obergefell v. Hodges, legalizing same-sex marriage across the nation. This ruling ensured that same-sex couples enjoy the same rights and privileges as heterosexual couples. By extension, Texas recognizes same-sex marriages, making divorce a possibility for these couples.
Before filing for divorce in Texas, however, you must meet the residency requirements. At least one spouse must have lived in the state for a continuous six-month period before filing. Additionally, the spouse must have lived in the county where you are filing the divorce petition for at least 90 days.
Child custody and support
If you and your soon-to-be ex-spouse have a child, you might wonder how a same-sex divorce will affect child custody decisions. In all divorces, Texas courts prioritize the best interests of the child when determining custody arrangements. This principle will guide decisions regarding custody, visitation and child support
Divorce resources for same-sex couples
The Texas State Law Library provides specific divorce resources designed with same-sex couples in mind. While the divorce process is effectively identical for same-sex couples as for other divorcing couples, you can have peace of mind in knowing that there are documents and info repositories made to accommodate your unique situation.
Same-sex couples in Texas can absolutely pursue a divorce following the same legal processes as heterosexual couples. As with any divorce, though, it is important for same-sex couples to understand the requirements and complexities associated with the process.