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Serving LGBTQ+ Couples In Divorce And Family Law Matters In Houston

Marriage equality rulings by courts in recent years have put same-sex couples and LGBTQ+ domestic partnerships on an even keel with traditional families. The needs of divorcing partners in divorce and other family law matters can be just as – or more – complex than issues affecting traditional couples.

If you are struggling with child visitation issues or seeking to grow your mixed Texas family through adoption – or if you are in need of customized solutions relating to prenuptial agreements, adoptions or child custody situations – our experienced family law firm can help.

During his 30-plus years of practice, firm founder Travis Thompson has used his knowledge and skills to make positive differences for individuals, couples and families of all persuasions, and from all walks of life. He handles same-sex family law matters with sensitivity, with an understanding that people going through a gay or lesbian divorce still face unique challenges. He will guide you through all the complexities that can arise.

As a certified family law specialist, he is a Texas attorney who cares about your brighter future and works hard to secure it.

A Helping Hand At The Brink – Law Thompson, P.C., In Houston

As your lawyer, Travis Thompson wisely advises and actively advocates in same-sex family law practice areas such as:

Regardless of your legal need, Mr. Thompson strives for favorable outcomes that are tailored to your unique situation. Along the way, you receive the very best of his attentive personal service – whether you are divorcing your partner or facing another legal issue – and utmost accessibility to your spontaneous questions and concerns.

How Your Parental Rights Get Established If You Are Not A Biological Parent

For same-sex couples, it is common to use methods like artificial insemination and surrogate pregnancy to have children. If you and your spouse had children this way and are now getting divorced, you need to know that Texas law might not automatically recognize your right to child custody or parenting time if you are not your children’s biological parent.

One of the best options for securing your parental rights is second-parent adoption. This legally establishes your parenthood and preserves your rights if you and the children’s biological parent ever get divorced. If you use a surrogate, a surrogacy contract between you, your spouse and the surrogate mother can establish everyone’s rights and obligations.

If you are going through a gay divorce or lesbian divorce and are worried your relationship with your kids is under threat, Travis Thompson will do everything possible to secure your custody rights.

How Could The Retroactive Recognition Of Marriage Affect My Gay Divorce?

While Texas law did not recognize same-sex marriage until 2015, it has long recognized common-law marriage when a couple agrees to get married, lives in Texas as a married couple and represents themselves to others in the state as a married couple. While the question of whether the U.S. Supreme Court’s decision legalizing same-sex marriage should be applied retroactively, there are some indications that Texas courts believe it should.

Therefore, a same-sex couple that got legally married in another state before 2015 and have lived in Texas as a married couple since then could be considered to have been a married couple here since the date of their out-of-state marriage.

This could have important implications for how your property gets divided if you get divorced. As a community property state, Texas law requires spouses to divide most assets acquired during the marriage 50-50. Assets acquired before the marriage are generally separate property that each spouse gets to keep. Determining the date your marriage legally began in Texas could dramatically change what counts as community property. It could also affect whether the court will grant spousal support.

We will untangle these complex matters and apply them to your case to best defend your financial position.

How Long Does A Typical LGBTQ+ Divorce Process Take In Texas?

The duration of a same-sex divorce process in Texas can vary depending on several factors. Under Texas law, the minimum amount of time for finalizing a divorce is 60 days from the date the divorce petition is filed. However, the timetable depends upon factors such as the willingness (or lack of willingness) of the couple to cooperate and negotiate an agreement, the complexity of the marital assets that must be divided, and the court’s schedule.

What Is Second-Parent Adoption, And How Does It Affect A Divorce Case?

Second-parent adoption is a process that allows a nonbiological parent to become a legal parent to their partner’s biological or adoptive child. In the context of a divorce, a second-parent adoption can significantly impact custody and visitation rights.

The nonbiological parent may have legal rights and responsibilities concerning the child, including custody, visitation and child support obligations, similar to those of a biological parent. Thus, in a divorce, issues related to children are more complex, as both partners may have legal parental rights that need to be addressed and adjudicated by the court.

Can LGBTQ+ Couples With Children Face Different Issues In Divorce Proceedings?

Yes, same-sex couples with children may encounter unique legal issues in divorce proceedings. These issues can include determining parental rights and responsibilities, establishing custody and visitation arrangements, and addressing financial support for the children.

What Are The Legal Requirements For A Same-Sex Couple To Get Divorced In Texas?

In Texas, the legal requirements for same-sex couples to get divorced are generally the same as those for opposite-sex couples. To file for divorce in Texas, one spouse must have lived in the state for six months and be a resident of the county where the filing is done for at least 90 days. Additionally, Texas law requires a 60-day period from the date the petition is filed before the divorce can be finalized.

Where Do I Begin?

  • Are you looking to start the process of divorcing your partner?
  • Do you have questions about your rights as the nonbiological parent of your child in a same-sex divorce?
  • Do you have other questions about the complex legal issues that may arise in LGBTQ+ family law cases?

We invite you to contact us to arrange an initial consultation, where your legal issues will be discussed with candor and confidentiality. Contact Law Thompson, P.C., by phone at 281-369-8665 or by email message. We represent clients in Harris County, Montgomery County and surrounding counties.