Same Sex Divorce In Texas
The rights for same sex couples during a divorce are mostly similar to those of opposite sex couples that are seeking divorce. That means that in the event of a divorce same sex couples can benefit from divorce laws for property division, child support, spousal support, and others. But that also means that same sex divorce cases have the potential to be just as complicated and frustrating as opposite sex divorce cases. You should seek the services of a Houston same sex divorce lawyer who can protect your interests during a divorce.
Your Lawyer Can Help You Navigate The Process
Whether yours is a contested or an uncontested divorce, your lawyer understands what is at stake and can help you through the process. An experienced Houston same sex divorce lawyer can take a results-oriented approach to your case for litigated or negotiated divorce. You can also ask your lawyer any question about your case, and even calculate an estimate for child or spousal support. Your lawyer will also help you through the property division process and fight to ensure that no one interferes with your stake in the marital property.
Marital property (community property) and debts will be divided between the spouses going through a divorce. The marital property is any property or assets that were acquired by either spouse during the marriage-there are exceptions. Anything that either spouse acquired before the marriage is considered as separate property. Separate property cannot be divided during divorce, because it is considered to be the property of the spouse that acquired it prior to the marriage.
That means that after the divorce, separate property will remain in the hands of the spouse that acquired it and the other spouse will not have any right over that property. In Texas, even cash dividends from stocks held as separate property and all profits fruits, and revenues derived of separate property are community property. You Houston divorce lawyer can help you identify separate and community property, and their value during divorce.
Child Custody In Same Sex Divorce
In Texas, parenting presumptions do not yet apply to same sex couples. What that means is that during same sex divorce one of the spouses can be treated as the step parent of the child. A step parent is not required to pay child support and cannot be awarded visitation rights or child custody. That is why it is important for same sex couples to ensure that they are both legal parents of the child, to protect the child in the event of death of the legal or biological parent or a divorce. In an opposite sex divorce, a father can avoid paying child support by proving that the minor child involved is not his child.
Alimony Or Spousal Maintenance
In Texas, alimony is called spousal maintenance. You can only get “maintenance” in Texas if you are not able to support yourself, or if the other spouse was convicted of domestic violence within two years of when the divorce was filed. But spousal maintenance only lasts 3 years.