Since Obergefell v. Hodges (2015), same-sex couples in Texas have the same right to divorce as opposite-sex couples, and the basic process is identical: six months’ Texas residency, 90 days in the filing county, and typically a no-fault filing based on “insupportability.” Property is divided under Texas’s community property rules.
The unique wrinkle: many same-sex couples were together for years before they could legally marry. When did the marriage really start? This matters because only property acquired during the marriage counts as community property. Some couples can argue an earlier common-law marriage date based on cohabitation and holding themselves out as spouses — but Texas courts are split on whether this applies retroactively to pre-2015 relationships, so outcomes vary.
Custody is another area to watch. Texas presumes a child born during the marriage belongs to both spouses, but that presumption is less reliable for non-biological parents, especially if children were born before the couple married and no second-parent adoption was ever completed.
Bottom line–if you’re divorcing in Texas after a long relationship that predates your marriage, the marriage date and each parent’s legal status can significantly affect the outcome.
Call Jane Gekhman at (940) 222-6014 if you are going through a family law matter. We can help.