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Austin Same-Sex Divorce Attorneys

What Are Texas’ Gay & LGBTQ Marriage Laws?

Same-sex marriage is now recognized in all 50 states including Texas, which has lead to an increase in same-sex family law matters. Same-sex marriage cases sometimes may present uncharted issues when it comes to divorce in particular due to additional legal complexities that are not present in heterosexual relationships.

In Texas the partners in a same-sex marriage share the same rights that heterosexual couples have always had which includes, but is not limited to:

Hembree Bell Law can ensure that these rights are not violated and that all your family law matters are fair. Our same-sex family rights lawyer near you understands the many challenges you may face along the way and is determined to help you resolve issues in a way that reflects your best interests.

Discuss your same-sex divorce case with us today by contacting us at (512) 768-9737. Our LGBT divorce lawyers clients throughout Travis County.

Common Law Marriage for Same-Sex Couples in TX

A common law marriage is when two partners live together indefinitely and present their relationship as a marriage but never legally get married. This arrangement was quite common for LGBT couples until same-sex marriage was made legal.

A 2015 ruling in which a judge in Travis County recognized a common law marriage between two women – even though one spouse died in 2014 – reinforced that common law marriage applies to same-sex couples.

Even so, there are still complications. For example, it is not clear what should happen in a situation where an unmarried same-sex couple has been living together since before July 2015 as a married couple and now want to separate. This can even be more complicated if children and significant property are involved. You will need a diligent Austin same-sex divorce attorney to advocate on your behalf if this applies to your situation.

Filing for a Same-Sex Divorce in Texas

Same-sex couples that were married in a different state before same-sex marriage was ruled legal in July 2015 can only file for divorce in Texas if they have lived in Texas for the previous 12 consecutive months. The earliest the divorce can be granted is 61 days after filing the divorce petition.

Parental Rights for Same-Sex Couples

If you and your partner adopted a child before same-sex marriage was legalized, only one of your names were included on the child’s birth certificate. The parent whose name was left off the birth certificate may face various complications in the event of divorce and a custody dispute.

Now that same-sex marriage is legal in Texas, any parent whose name is not on their adopted child’s birth certificate should formally adopt the child to protect their parental rights and ensure their child receives the benefits to which they are entitled.

Compassionate Representation for LGBT Divorce & Family Law

At Hembree Bell Law Firm, PLLC, we help same-sex couples navigate the challenges of gay divorce. Whether we are mediating or litigating your case, our same-sex divorce attorney keeps your needs and goals in mind every step of the way.

Call (512) 768-9737 or contact us online today to learn more about how we can assist with your LGBT divorce.

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Why Choose the Hembree Bell Team

Your Story Matters
  • A Reputation for Success

    Hembree Bell Law has helped hundreds of families in Texas overcome the emotional and logistical challenges of tough family law cases.

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    We don’t believe in cookie-cutter solutions – instead, we develop customized strategies tailored to your unique situation.

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    We are honest and trustworthy with a genuine passion for helping others.

  • Firsthand Experience

    At Hembree Bell Law, we draw from our own experiences, which inform our services and representation.

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