LGBT Divorce
In January 2015, the United States Supreme Court announced they have ruled that same-sex
couples have a fundamental right to marry in all states. The United States Supreme Court
required that all 50 states, recognize
same-sex marriages.
With the right to marry also comes the right to divorce.
The law is the same regardless of your sexual orientation, each case will have its own unique
challenges. Having a lawyer who understands those unique challenges means your needs are
achieved through the divorce process. Whether this decision to end your same-sex marriage was
contested, uncontested, or collaborative we can help you.
Heather Hudson can assist in
child custody,
child support,
spousal support,
property distribution,
domestic and/or international adoptions. Per federal law, Texas now cognizes same-sex
marriages and consequently, same-sex divorce. This means that same-sex couples receive the
same rights as heterosexual couples with it comes to
property division,
possession and access of
the children,
and
spousal support.
A lawyer can help you demonstrate common law relationships
as well.
Child custody and visitation can be complex where one spouse is the biological parent and the
other spouse never formally adopted the children. The nonbiological parent may struggle to
establish parental rights. If you are adopting your spouse’s biological children, or the two of you
are adopting a child together this legal proceeding can be very complex. Heather Hudson can
help.
Sometimes determining the assets and dividing property in divorce can often be problematic.
Many same-sex couples created common-law unions or married in states that permitted same-sex
marriages at the time. Some couples did “remarry” in the states they lived in when they could,
while others remained in common-law marriages.
Identifying the official commencement of marriage impacts the interplay between
separate property rights
and
community property rights
of the parties and the respective estates. When
child custody is questioned it is important to protect not only the child(ren) but the biological and
non-biological parent.
We have come a long way since this ruling from the United States Supreme Court. Challenges
still arise for lesbian, gay, bisexual or transgender couples continue gaining legal rights and
recognition that were previously not available to them under the law.
Contact us today to schedule your consultation.
Let the team at Heather Hudson Law Firm, PLLC, help you navigate this process.
