Grapevine LGBTQ+ Divorce Attorneys

Experienced Lawyers Handling LGBTQ+ Divorces in Grapevine, TX

Getting a divorce is rarely a simple or easy process. For same-sex couples, there may be additional complications to account for in the dissolution of marriage. That said, in many cases, the legal proceedings for LGBTQ+ divorces are the same as any other divorce.

If you are looking for an empathetic, supportive law firm to handle an LGBTQ+ divorce, consider working with Powell Law Offices, P.C.. With over 50 years of combined legal experience, our team of attorneys is qualified to handle your case, providing counsel and representation to address a variety of concerns. We have experience handling both amicable and highly contested cases, as we adapt our approach to address our clients' needs.

Defining Common-Law Marriages for LGBTQ+ Couples in Texas

Texas recognizes common-law marriages—known in statute as "informal marriages"—for all couples, regardless of sexual orientation or gender identity. To establish an informal marriage, partners must agree to be married, cohabit as spouses, and represent themselves to others as a married couple. This may be shown by joint tax filings, shared insurance policies, or community recognition.

Following the U.S. Supreme Court's decision in Obergefell v. Hodges in 2015, same-sex couples enjoy the same right to informal marriage as opposite-sex couples. Once these elements are met, the couple is entitled to all rights and responsibilities of formally married spouses under Texas law, including property division, spousal maintenance, and survivor benefits. If one partner later disputes the existence of an informal marriage, the other may petition the court for a declaration that the marriage was validly formed.

Child Custody in LGBTQ+ Divorces

When LGBTQ+ couples who share children dissolve their relationship, the question of parentage may affect significant custody decisions. If one parent does not have an established legal relationship with the child, a second-parent adoption may be necessary to ensure that the non-biological parent can still petition for custody rights. In Texas, legal parentage may be established by biology, adoption, assisted reproduction, or a presumption of parenthood when a child is born to a married couple.

Courts assess the child's best interest factors under the Family Code without favoring mothers over fathers or vice versa. Before a final custody decision is made, judges evaluate factors such as stability, emotional and physical needs, parental ability, and the child's preferences when age-appropriate. Neither gender nor sexual orientation plays a role in awarding custody or visitation. Instead, the court seeks to craft parenting plans that encourage frequent, continuing contact with both parents, provided that contact serves the child's welfare. Parents who cannot agree on a plan may pursue mediation, and if necessary, a court hearing to resolve remaining issues.

Other Issues in Texas LGBTQ+ Divorces

Beyond child custody, LGBTQ+ divorces involve the full range of family law issues. Texas is a community property state, meaning that property and debts acquired during the marriage generally belong equally to both spouses unless they qualify as separate property.

Partners must distinguish between community assets—bank accounts, real estate, retirement benefits earned during the marriage—and separate assets, such as gifts, inheritances, or property owned before marriage. If the couple cannot agree on how to divide these assets, the court then performs a "just and right" division, which need not be precisely equal but must be equitable under the circumstances. Spousal maintenance may also be available when one spouse lacks sufficient property to meet minimum needs, has minor children, or suffers a disability.

Meet With a Grapevine, Texas LGBTQ+ Divorce Lawyer

At Powell Law Offices, P.C., we can advocate for your needs in a dissolution of marriage. To schedule a free in-person or virtual consultation, contact our Grapevine LGBTQ+ divorce attorneys or call us at 972-584-9382 today.