Same Sex Divorce Lawyer Austin, TXSame 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.