Same Sex Divorce Lawyer Austin, TX

Same Sex Divorce Lawyer Austin, TX

If you are in need of a same sex divorce lawyer in Austin, Texas call Gray & Becker, P.C. Now that same sex marriage is legal in the state of Texas, by necessity the legal system now has to accommodate same sex divorces as well. Many law firms are unfamiliar with divorce proceedings for same sex marriages but if you are located in the Austin, TX area, our same sex divorce lawyer has the experience necessary to handle your case.

Same Sex Divorce Procedures

The process of obtaining a same sex divorce is essentially the same used for heterosexual marriages. If a same sex couple wishes to terminate their marriage can file for divorce at their local Austin TX county clerk’s office. However, as with heterosexual marriages there may be contentious issues when it comes to the division of assets and debt that accrued during the marriage. This is why you may benefit from hiring a same-sex divorce lawyer in Austin, TX from our firm. We can protect your best interests and help to complete the divorce process as soon as possible.

Prenuptial Agreements Executed Outside of Texas

If you and your spouse have a prenuptial agreement that was executed prior to your moving to Texas, that agreement remains legally binding in the State of Texas and must be considered during the divorce proceedings. Your same sex divorce lawyer in Austin, TX will need a copy of the agreement prior to initiating the divorce process.

Common Law Marriage as it Applies to Same Sex Couples

Texas recognizes common law marriage, and that includes same sex couples if they meet the following eligibility requirements:

  1.       The same sex couple lived together in the same Texas household.
  2.       The same sex couple agreed to be married to one another.
  3.       The same sex couple portrays themselves to others as a married couple.

Texas courts have ruled on individual cases that if a same sex couple was married under common law before same sex marriage became legally recognized, their right to marriage applies retroactively. This means that from the time they met the above three criteria, their common law marriage is now recognized. How this may affect your marriage and impending divorce can be explained by our same sex divorce lawyer in Austin, TX after a review of your particular circumstances as every case is different depending on the dates involved.

Texas is a Community Property State

Any and all property obtained by either spouse during the term of the marriage belongs to both spouses. If there is confusion as to when the date of the marriage will be legally recognized due to common law marriage concerns, our same sex divorce lawyer in Austin, TX can clarify this for you. Until or unless you complete the divorce process, any property that either of you acquires (even after separating) will still belong to both of you. Do not delay in moving forward with the divorce once you mutually make the decision to end the marriage.

Contact Gray & Becker, P.C. in Austin, TX to request a consultation with our same sex divorce lawyer.

How Can I Get Through Divorce Amicably?

Divorce can be one of the toughest things anyone will go through. Unless you have a vengeance out for your soon-to-be former spouse, chances are you probably want to make the process as amicable as possible. The way you conduct your behavior amidst divorce can lay the foundation for what your life is like afterwards. A divorce that is not amicable can really cost you more in the end. It is best for your heart and pocketbook to try and part ways with as little disputes as you can. 

What does it mean to have an amicable divorce?

When people think of an “amicable divorce”, they probably imagine that everything goes smoothly and perfectly without issues. Of course this would be the most ideal scenario, but is quite unlikely to happen. Your attorney can give you advice as to how to make the process less painful and less time-consuming.

A divorce that is amicable means that you both agree to the terms of your divorce, including child support, custody, visitation, spousal support, and property division. It means that you don’t go back and forth in a vicious fight over who gets what, because you both just want the divorce to finalize sooner rather than have it dragged on. 

What should be my priority during the divorce process?

You will want to obtain an attorney who is familiar with family law as representation during your divorce. Even if your spouse doesn’t have it out for revenge against you, it’s still important to have legal counsel to ensure your rights aren’t being violated and that the outcome is reasonably fair for all parties. Your attorney may suggest prioritizing the following during your divorce deliberations:

  • Focus on the big picture when you encounter a minor road bump.
  • Approach your divorce without blame. 
  • Negotiate the terms within the divorce agreement with good faith.
  • Put your children’s needs first and create a strong parenting plan.
  • Treat your ex with respect inside and outside of the court. 

What is an essential component of an amicable divorce?

The fastest way to turn your divorce process into a disaster is to under-report how much you make and hiding assets. Both spouses have to be open and transparent about their assets in order to establish terms in good faith. Your attorney can see to it that both you and your spouse reveal relevant monetary details and that it is accurate information to the best of your abilities. Essentially, you are putting all of your cards onto the table, such as your debts, assets, income, bank accounts, and tax returns. In good faith negotiations, trust that each person is being forthcoming so the divorce can eventually finalize with a fair agreement. 

What should I look for when hiring an attorney?

If you are hoping for an amicable divorce, then it is in your best interest to obtain counsel from an attorney who is non-confrontational and supports your desire to keep things peaceful. Unfortunately, a legal team that is too aggressive may only make things worse. So who you choose to represent you is crucial in how the divorce moves forward. 

Can I Spy on My Spouse in Anticipation of Divorce? 

If you are thinking about filing for divorce, you likely have many questions and concerns about both the legal and practical processes involved in “disentangling” from your spouse. You may understandably be concerned about how such a split may affect your loved ones, including any minor children you may share with your spouse. You may also be concerned about the financial ramifications of divorce. These worries may lead you to become tempted by the thought of spying on your spouse. After all, if you better understand his or her financial behaviors, social media activity, parenting choices, etc., won’t you be better prepared to help construct a “winning” divorce case?

Please think twice before spying on your spouse in anticipation of divorce. Instead, consider scheduling a consultation with an experienced Austin, Texas same sex divorce lawyer at Gray & Becker, P.C. After we learn about your questions, concerns and priorities, we will be able to advise you about how to gather necessary information and make plans in ways that are unlikely to impact your divorce case negatively. If you are caught spying on your spouse in certain ways, you could end up in serious legal trouble. Gathering information thoughtfully and making informed decisions will help to ensure that your divorce is as successful as it can be.

Approaching Divorce Preparation with Care

Most of the time, the immediate goal of the legal process of divorce is to obtain a fair divorce settlement. Depending on your circumstances, a fair divorce settlement could include child custody considerations, child support, spousal support (also referred to as alimony) and/or other property division matters. Spying on your spouse could impact every single one of these goals. Depending on how you spy on your spouse, you could even face criminal consequences. Thankfully, there are legal ways to gather important information in anticipation of divorce while keeping the goal of obtaining a fair divorce settlement in mind. Speaking with an Austin, TX same sex divorce lawyer about how to accomplish these goals will help to ensure your peace of mind and the integrity of your case.

Legal Guidance Is Available

If you have questions about the divorce process, please schedule a consultation with an Austin, TX same sex divorce lawyer today. Speaking with our team does not commit you to taking any legal action whatsoever. All speaking with our firm will do is help to ensure that your decisions about your marital situation are informed.

Too often, individuals only contact attorneys once they have decided to divorce. When possible, it can be extremely helpful to speak with an Austin, TX same sex divorce lawyer in anticipation of divorce. Using legal guidance as a resource can help to prepare you for the process and help to ensure that it is ultimately a success. “Messy” divorces are sometimes inevitable but can often be far more productive, fairer and less stressful from the outset if an attorney is readily available to ask questions and provide clarification. In addition, because consultations are confidential, there is really no reason to delay asking any questions you might have. Please consider scheduling a consultation with our firm today. We look forward to speaking with you.