HOUSTON SAME-SEX DIVORCE LAWYER
After the ruling of Obergefell v. Hodges in June 2015, same-sex marriage was made legal in all 50 states. With the Supreme Court’s decision, the LGBTQ+ community gained greater constitutional rights, which affected other marriage law issues, such as the right to divorce. If you are in a same-sex marriage and are seeking a divorce in Texas, seek an experienced Houston same-sex divorce lawyer to handle the unique legal issues presented in your case and advocate for your rights.
At Moffett Law Firm, we have over 30 years of combined experience representing divorce cases in Houston and surrounding areas. We understand the logistical and financial challenges you face during divorce. Our skilled legal team can help you navigate the legal process and work toward the best resolution that protects your interests.
Same-Sex Divorce in Houston
Same-sex couples have the same legal rights and responsibilities as heterosexual couples regarding divorce. In Texas, to file for divorce, one or both parties must have been a resident of the state for six months prior to filing. The party filing must also have been a resident of the county where the divorce is filed for at least 90 days prior to filing for a divorce.
In all divorces, you must take the following steps:
- Identifying and appraising community assets, including high net-worth and complex assets
- Determine if either party has a separate property claim
- Dividing assets and liabilities
In most divorce cases, issues are resolved via settlement prior to the final trial. Working with an experienced Houston same-sex divorce attorney can help increase the likelihood of a favorable outcome in the settlement.
At Moffett Law Firm, we work aggressively and protect your interests from initial consultation to resolution and position you for the best possible result, whether at settlement or final trial. We have extensive experience handling complex divorce cases, such as same-sex divorce.
Spousal Support in Same-Sex Divorce
Spousal support, also known as spousal maintenance, may be awarded in Texas under certain circumstances. It may be awarded in cases where one spouse is financially dependent on the other and cannot support themselves following a same-sex divorce. Spousal support is not automatic and is not available in all divorces.
Under Texas law, spousal support may be awarded if the requesting spouse can demonstrate a lack of sufficient property, including community property distributed in the divorce, to meet their minimum reasonable needs and one of the following conditions applies:
- The paying spouse was convicted or charged with a criminal offense that constitutes domestic violence within two years before the filing of the divorce or during proceedings
- The requesting spouse has an incapacitating physical or mental disability that prevents them from earning a sufficient income
- The parties must also be married for a certain number of years in order for one spouse to qualify for the payment of spousal maintenance
If the court determines that spousal support is appropriate, the amount and duration of support will be based on several factors, including financial need, ability to pay, and duration of the marriage.
Building a case with an experienced same-sex divorce lawyer is vital to the successful award of spousal support or to defending a request for spousal support. Speak with the Houston same sex divorce lawyers at Moffett Law Firm for an assessment of your case.
Contact the Houston Same-Sex Divorce Lawyers at Moffett Law Firm
Same-sex divorce can be challenging, and you may find it hard to make sense of the legal matters you are currently facing. At Moffett Law Firm, we work to understand every aspect of your divorce and explain the best options that fit your goals.
Schedule a confidential consultation with one of our skilled Houston same-sex divorce attorneys by calling (713) 333-5800 or filling out our contact form today. We serve clients in Houston and the surrounding areas.
