Equitable Property Division for LGBTQ+ Couples
Texas is a community property state, meaning that marital property is equally owned by each spouse and must be divided in a manner that is "just and right."
However, many gay couples consider themselves effectively married for longer than the past six years or have lived and acquired property together for a significant amount of time before gay marriage was federally legalized.
As a result, it's not uncommon for LGBTQ+ couples to disagree on what property should or shouldn't be divided during a divorce. Getting a court to consider certain assets as marital property that were acquired before the Supreme Court legalized marriage may be challenging, representing a source of frustration for many LGBTQ+ individuals navigating a divorce.
Navigating Custody Disputes for LGBTQ+ Parents
Custody disputes can be challenging to navigate for LGBTQ+ parents, especially if only one parent has biological ties to the child(ren). The court may favor the biological parent for custody, even if they are a less capable caretaker.
As a result, many LGBTQ+ parents find themselves in the infuriating position of having to work against, not with, the court during their divorce case.
At DebnamRush, PC, we're committed to helping our LGBTQ+ clients find the best path forward in their divorce and protect their rights and interests. To learn more about the divorce process in Texas, consider visiting our divorce page.
How We Support You
At DebnamRust, P.C., we approach LGBTQ+ divorce cases with the care and respect they deserve. Our services include:
Comprehensive Case Assessment: We take the time to understand the details of your relationship, family dynamics, and financial situation to create a customized legal strategy.
Child Custody and Support: Whether you’re a biological parent, adoptive parent, or non-biological caregiver, we fight to ensure the best interests of your children are prioritized.
Property and Asset Division: We ensure that marital property is identified and divided equitably, with special attention to complexities unique to LGBTQ+ relationships.
Spousal Support: We help clients navigate spousal maintenance (alimony) considerations, including the financial disparity between spouses and the duration of the marriage.Why Choose DebnamRust, P.C.?
Our firm stands out for its commitment to providing culturally competent legal services to the LGBTQ+ community. We prioritize clear communication, unwavering advocacy, and a judgment-free approach to every case. We believe that everyone deserves equitable treatment under the law and compassionate support during difficult times.
Contact Our LGBT Divorce Lawyers
If you’re considering or facing a divorce, the compassionate and skilled attorneys at DebnamRust, P.C., are here to guide you every step of the way. Contact us today to schedule a confidential consultation and take the first step toward a secure and equitable future.
Schedule a consultation with our Dallas LGBTQ+ divorce lawyers! Contact us online or via phone at F:P:Sub:Phone}.
LGBTQ+ Divorce FAQs
1. How does the length of a same-sex marriage impact a divorce in Texas?
The length of the marriage can affect property division and eligibility for spousal support. For couples who were together before marriage equality, courts may consider the total length of the relationship, but this varies by case.
2. How are parental rights handled in LGBTQ+ divorces?
Parental rights depend on legal parentage. Biological parents generally have rights, but non-biological parents may need to establish parentage through adoption or other legal mechanisms. Our attorneys can help clarify and protect your parental rights.
3. Are Texas community property laws applied differently to LGBTQ+ divorces?
Community property laws apply uniformly, but determining what qualifies as marital property may involve additional complexities for LGBTQ+ couples. For example, assets acquired before legal recognition of the marriage may need special consideration.
4. Can I seek spousal support after an LGBTQ+ divorce?
Yes, spousal support is available in LGBTQ+ divorces under the same conditions as for other couples. Factors include the financial disparity between spouses, the length of the marriage, and contributions to the marriage.
5. How do I find an attorney experienced in LGBTQ+ divorce in Dallas?
Look for an attorney with a proven track record of handling LGBTQ+ family law cases, cultural competence, and a commitment to understanding the unique challenges faced by LGBTQ+ clients. DebnamRust, P.C., has extensive experience in this area and is ready to help.
6. How can I protect my rights and assets during a divorce?
Consulting an experienced attorney is critical. They can help you identify and value assets, negotiate equitable agreements, and represent your interests in court if necessary. Pre- or post-nuptial agreements, when available, can also provide clarity and protection.
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