LGBTQIA+ Divorce

Here, we love the work that we do, and we love helping families of all varieties navigate family law in Texas. Thanks to the United States Supreme Court’s 2015 decision in Obergefell v. Hodges, marriage became an option for hundreds of thousands of couples. However, along with this option came a bundle of new family law issues, particularly related to the possibility of common-law marriage and children’s issues.

Texas is one of only eight states that have laws permitting common-law marriage to arise, and it is currently the only common-law marriage state that also presumes community property. This combination creates unique issues for couples in Texas. It is critical to meet with an attorney if you are considering a separation from your partner, you may be in a common-law marriage.

Issues surrounding children in LGBTQIA+ divorces are particularly challenging in Texas because our law does not presume parentage of children born during the marriage for the non-carrying, same-sex parent. The non-carrying parent typically must adopt the child in order to have parental rights.

It is critical to meet with an attorney who understands the complexities of the law and the unique children’s issues that come up in LGBTQIA+ divorces. The Barron Firm, PLLC, prides itself on staying up-to-date on changes in the law and we focus on helping individuals, including those in the LQBTQIA+ community, by providing compassionate legal representation to every client, every time.

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