same sex divorce Austin

Austin is widely known as one of the most inclusive and LGBT-friendly cities in the country. Apart from the vibrant nightlife and dating scene, what makes Austin one of the most welcoming places for LGBT people is its legal system, which is fair towards all and discriminatory towards none.

Same-sex couples in Austin have the same rights as heterosexual couples when it comes to marriage, adoption, divorce, spousal and child support, child custody, and property division. If you are wondering if Austin LGBTQ divorce is legal, the answer is yes. Same-sex couples can get a divorce in Texas by filing at any county clerk’s office in the state. Here are some key facts you should know about same-sex marriage and LGBTQ divorce in Austin, Texas.

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Same-Sex Marriage in Austin

If you want to marry your same-sex partner in Texas, you can do so formally or under common law, depending on your preference. If you want a common-law marriage, you must meet the following criteria.

  • You must live with your spouse in the same household.
  • You must agree to be married to each other.
  • You must present yourselves as a married couple to others.

It should be noted that the right to marriage afforded by the US Supreme Court to same-sex couples can be applied retroactively. So, even if you were married under common law prior to the Supreme Court’s ruling in 2015, it can be legally recognized.

This is an important point, as it pertains to same-sex divorce Austin issues like division of assets, which is what we discuss in the next section.

What Constitutes Community Property in Austin?

austin same sex divorce


Any property that you acquire after your marriage is considered community property. The same rule applies to your spouse as well. There are only two exceptions to this rule, which include:

  • Properties that you or your spouse acquired prior to the marriage are considered separate properties – belonging to you or your spouse.
  • Inheritances and gifts that you or your spouse inherited during the course of your marriage are considered separate properties as well.

This is why establishing the date of marriage – in case you married under common law – becomes important in same sex divorce in Austin. If you are unable to do so, you might not receive your fair share of the marital property.

Austin LGBTQ Child Custody Near Me

If one of you happens to be the biological parent of your child, the other parent must legally adopt the child so that they can seek child custody or visitation rights in the event of a divorce.

If one of you adopted a child prior to your marriage, the other parent must legally adopt the child to be able to seek custody or visitation rights at the time of same-sex divorce Austin. Situations differ and you may have questions if your 13 year old can have a say in child custody matters.

Spousal Support and Child Support in Texas

If you were married to your same-sex partner for 10 years or longer, and if you were financially dependent on them during the course of your marriage, you can seek spousal support from them.

Similarly, if you are the custodial parent, you can seek child support from your same-sex partner as well.

Contact an Experienced Austin LGBTQ Divorce Lawyer Near You

same sex divorce Austin

Same sex divorces, by their very nature, are more complex than heterosexual divorces. However, with the help of an experienced Texas same-sex divorce lawyer near you, you can achieve the desired results in your divorce case.

Eric M. Willie – Austin Divorce Lawyer is committed to helping Austin residents – including and especially same-sex couples – with their divorce as well as post-divorce issues. Led by Austin adoption lawyer, Eric M. Willie, who is considered one of the best divorce attorneys in Texas, the lawyers at Willie & Dasher have represented scores of Austin, Texas residents in family law-related cases and have delivered spectacular results over the years.

If you are planning to file for same sex divorce Austin, Eric M. Willie can provide aggressive legal representation and fight hard to achieve the desired outcome in your case. To find out how Eric M. Willie can help you, call our firm today at 512-478-0834 or fill out this contact form to schedule a free consultation with one of our family law attorneys.

Reviews of Our Top-Rated Austin, Texas LGBTQ Divorce Attorneys

“This firm represented me in my divorce for almost a year and we won all of our hearings. Mr. Willie is an outstanding attorney who know the ins and outs of both family law and the court system. You couldn’t ask for a better lawyer. Highly recommend.” – Valorie Bravo

“I met with Eric and the hospitality was great. He broke everything down to me perfectly and I greatly appreciated it. He is willing to fight for everything you want to accomplish during your tough times. I would definitely recommend him to anyone needing a Family Attorney!” – Christopher Colter

“I found Mr. Willie both competent and professional. His strategy to address a modification petition was sound and successful. What impressed me most was his matter of fact way of analyzing the issues. He was candid and kept things simple as well as understandable. No confusing legal talk, just a clear, direct and sensible manner of approaching the conflict. Further, if you’re looking for a lawyer that will go the extra mile, Eric Willie is your man. We encountered a filing issue due to the COVID shutdown and he stayed with it until completion, proving himself a loyal and devoted attorney. I remain grateful for Mr. Willie’s services and would recommend him for any family law proceedings.” – Freddy Erdman

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