Angleton Same-Sex Divorce Lawyers

Complications in Same-Sex Divorce

Legal Recognition & Marriage History

While same-sex marriage has been legal in Texas since the Supreme Court's 2015 decision, many couples may have been in long-term relationships before this ruling. Determining the start date of the marriage for legal purposes can lead to disputes over asset division, spousal support, and other matters. Only assets acquired during the legally recognized marriage may be classified as community property.

Parenting Issues

In cases where couples have children, custody and visitation rights could be complicated. The legal recognition of parentage may differ for same-sex couples, especially if one partner is a biological parent while the other is not. 

Establishing legal standing and parental rights often involves additional court proceedings, particularly if the couples used assisted reproductive technology. This can lead to contested custody battles where both parents may struggle to assert their rights.

Asset & Debt Identification

Same-sex couples may face difficulty in identifying jointly owned assets and debts, especially if they have not been formally married for an extended period. Many couples may not have maintained clear financial records, complicating the division process. Determining what is considered separate versus community property can create further disputes if one partner owned significant assets before marriage.

Limited Legal Precedents

As same-sex divorce is still a relatively new legal area, fewer precedents and resources are available compared to traditional divorces. Divorce attorneys must stay current on understanding and navigating case law and establishing legal arguments that favor clients in a same-sex divorce.

Disparities in Financial Capacity

Same-sex couples may experience disparities in their financial situations based on how their relationship was structured before legal recognition. One partner may have assumed a more significant financial burden due to societal norms or workplace discrimination, leading to complex negotiations regarding spousal support and division of assets.

The Difference Between Marriage & Common Law Marriage in Texas

Understanding the distinction between traditional and common law marriage is essential for determining property division during a divorce. A common law or informal marriage does not require a marriage license or formal ceremony. However, the state still recognizes it if specific criteria are met. To establish a common law marriage, both partners must agree to be married, live together in Texas as a married couple, and represent themselves to others as being married.

Impact on Property Division in Common Law vs. Traditional Marriages

Classifying a relationship as a traditional or common-law marriage significantly impacts how property is divided upon dissolution. In a conventional marriage, all assets and debts acquired during the union are presumed to be community property, subject to a fair distribution. 

Conversely, in the case of common law marriages, the principles of community property still apply, meaning that assets gained during the relationship may also be classified as community property if the common law marriage can be proven.

Challenges in Establishing Common Law Marriage

One of the primary challenges in common law marriages is gathering the necessary evidence to demonstrate the marriage's existence. This could involve providing documentation showcasing shared finances, joint ownership of property, or testimony from friends and family members who can confirm the couple's marital status. 

If a court determines that a common law marriage exists, then property division will proceed under the same legal frameworks as traditional marriages. However, proving the relationship can add complexity and potential disputes. Understanding these nuances is crucial for individuals navigating divorce proceedings to protect their property and asset rights.