Austin LGBTQ Divorce Lawyer

Representing LGBTQ clients in Travis County family courts since before Obergefell

Written by Eric M. Willie, Austin family law attorney since 1998 · Legal content reviewed October 20, 2026

Same-Sex Divorce Rights in Texas After Obergefell

Since the Supreme Court's landmark Obergefell v. Hodges decision in 2015, same-sex marriages have full legal recognition in Texas. Same-sex couples have identical divorce rights to opposite-sex couples — including community property division, spousal maintenance, and child custody.

However, LGBTQ divorces can involve complications that most attorneys are not experienced in handling. Couples who lived together for years or decades before legal marriage face unique property characterization questions. The date of marriage versus the date of the relationship affects which assets are community property and which are separate.

Texas recognizes common-law (informal) marriage regardless of gender. If you and your partner established a common-law marriage before formal marriage was available, this can significantly affect property division and the length of the marriage for spousal maintenance purposes.

LGBTQ Custody and Parental Rights

Both legal parents have equal custody rights regardless of sexual orientation or gender identity. However, in some LGBTQ families, only one parent has a biological or legal connection to the child. Protecting the non-biological parent's rights is critical and should ideally be done before divorce through second-parent adoption.

If second-parent adoption was not completed, Eric helps establish parental rights through court proceedings. Options include gestational agreements, adoption (even during divorce proceedings in some cases), or establishing standing as a person who had actual care, control, and possession of the child under Texas Family Code Section 102.003. Texas courts evaluate custody based on the best interest of the child, and a parent who has been actively raising the child — regardless of biological connection — has strong standing.

For families built through assisted reproduction (IVF, surrogacy), the legal parentage framework depends on whether proper agreements were in place. Eric reviews these agreements and advises on the strongest path to protecting both parents' rights.

Transgender Divorce Considerations

Transgender individuals face additional legal considerations in Texas divorce. Name and gender marker changes during the marriage, effects on existing custody orders, and potential bias require an attorney who understands both the legal framework and the lived experience of transgender clients.

Eric provides affirming representation to transgender clients, using correct names and pronouns in all legal filings and court appearances. He is experienced in navigating gender identity issues in Texas family courts.

Property Division in LGBTQ Divorce

For couples who were together before 2015 but married after Obergefell, a key question is: what property is 'community' (acquired during marriage) versus accumulated during the pre-marriage relationship? Texas community property law applies from the date of marriage — but assets accumulated jointly before marriage may require creative legal arguments to divide fairly.

Eric analyzes each couple's unique timeline, considers common-law marriage arguments where applicable, and develops a property division strategy that reflects the actual economic partnership — not just the legal marriage date.

Why Austin LGBTQ Families Choose Eric

Eric has represented LGBTQ clients throughout his career in Austin. His practice is a safe, affirming space where every client receives dignity, respect, and uncompromising legal advocacy. He understands the unique challenges LGBTQ families face in Texas courts and fights to ensure equal treatment under the law.

Common-Law Marriage for Same-Sex Couples in Texas

Texas recognizes common-law (informal) marriage when both parties agreed to be married, lived together as spouses, and represented themselves as married to others. For same-sex couples who were together before Obergefell v. Hodges (2015), establishing a common-law marriage before the formal marriage date can significantly affect property division.

If you and your partner held yourselves out as married, shared finances, and lived together before you could legally marry, Eric can argue for an earlier marriage date — which means more assets are classified as community property and subject to division. This analysis requires careful review of financial records, shared accounts, and evidence of the relationship. See our property division page for more on community property law.

LGBTQ Community Resources in Austin

Austin has a strong LGBTQ support network. The Austin LGBTQ+ Chamber of Commerce, Equality Texas, Out Youth, and the Transgender Education Network of Texas all provide community support during difficult transitions. Eric connects clients with these resources alongside legal representation because divorce affects every part of your life — not just the legal side.

Estate Planning After LGBTQ Divorce

After divorce, review and update all estate planning documents immediately. Remove your former spouse from wills, trusts, powers of attorney, healthcare directives, and beneficiary designations on life insurance and retirement accounts. Texas law revokes most beneficiary designations naming a former spouse after divorce, but federally governed plans such as ERISA retirement accounts and some life insurance policies do not follow that rule — update every designation manually.

For LGBTQ individuals, estate planning is especially critical. If your former spouse was your healthcare proxy and you become incapacitated before updating your documents, they may still have decision-making authority. Eric recommends that every client update their estate plan within 30 days of finalizing their divorce.

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