Same-Sex Divorce in Pearland, TX

Same-Sex Divorce Under Texas Law

The Supreme Court’s 2015 ruling in Obergefell v. Hodges established the right to same-sex marriage nationwide. Since then, same-sex couples in Texas divorce under the same statutes as any other married couple. The federal Respect for Marriage Act of 2022 reinforced this by requiring all states to recognize valid same-sex marriages performed elsewhere, which matters for couples who married in another state before Texas recognized those unions.

Filing requirements are straightforward: at least one spouse must have lived in Texas for six continuous months and in the filing county for 90 days immediately before filing. Texas Family Code Section 6.702 imposes a mandatory 60-day waiting period from the date the petition is filed before a court can grant the divorce. Most divorces take longer, but none can be finalized before those 60 days pass.

Texas doesn’t recognize legal separation. If you need arrangements for child custody, support, or use of shared property while the divorce is pending, the court can enter temporary orders that stay in effect until the final decree is signed. No-fault divorce on the ground of insupportability is the most common path, though fault-based grounds are available when relevant.

Property Division When the Marriage Date Doesn’t Tell the Whole Story

Texas is a community property state. Income earned and property acquired during the marriage are presumed to belong equally to both spouses. Separate property (assets owned before the marriage or received as a gift or inheritance during it) isn’t subject to division.

For many same-sex couples, the legal marriage date falls years after the relationship began. Property built up together before the formal marriage may not receive community property protection and could require careful tracing to establish ownership. That’s a layer of financial complexity that doesn’t arise in most other divorces.

Texas courts divide community property in a manner that is “just and right,” weighing each spouse’s earning capacity, the presence of fault, and the needs of any children. Real estate, retirement accounts, business interests, and investment accounts may all require formal valuation before a division can be structured.