Frisco Same-Sex Divorce Attorneys

How Is Property Divided in a Same-Sex Divorce?

Texas is a community property state that aims to divide marital assets (“community property”) equally in a divorce. This includes all assets acquired during the marriage, such as income, real estate, and investments. Separate property that was acquired before marriage or owned by one spouse is generally not subject to division. 

However, the community property rule does not guarantee a 50/50 split. We can work diligently to protect your fair share by addressing unclear ownership, valuing assets, and presenting a strong case. Our attorneys are knowledgeable about estate planning and high-asset divorce cases to represent your best interests at every step.

What Are the Grounds for Same-Sex Divorces?

Texas law permits both no-fault and fault-based divorces. This means that same-sex spouses can file for divorce on the grounds of “irreconcilable differences” without having to prove fault or wrongdoing. 

Fault-based grounds include adultery, cruelty, insupportability, living apart, abandonment, felony conviction, and confinement in a mental hospital for at least three years (Tex. Fam. Code § 6.001—6.007).

How Does Child Custody Work in Same-Sex Divorce Cases?

Child custody or conservatorship is based on the best interests of the child. Courts may consider factors like the child’s physical and emotional needs, their bond and emotional ties to each parent, the stability of each parent’s home, and each parent’s ability to provide care. Once parentage is established, custody can include joint or sole arrangements and visitation schedules. 

Determining conservatorship can be tricky in same-sex divorce cases, especially if one or both spouses are not the child’s biological parent. We can guide you through the process of filing petitions, gathering supporting documentation, and presenting a compelling case to the court to protect your parental rights and maintain a meaningful relationship with your child. 

How Long Does It Take to Get a Same-Sex Divorce?

State law requires a 60-day waiting or “cooling off” period for all divorce cases, including same-sex dissolutions. Exceptions may apply in cases involving family violence (Tex. Fam. Code § 6.702). The mandatory waiting period applies to both contested and uncontested divorces. 

An uncontested divorce is typically faster, but it is only available to spouses who agree on all issues. This path may not be suitable for couples with a history of abuse, power imbalances, or financially complex assets. We can review your situation to determine an appropriate path forward for your family's circumstances, whether through litigation, negotiation, or mediation. 

Don’t leave your future to chance during a same-sex divorce. Our firm can provide the unwavering support you deserve. Contact us online to discuss your case.