Going through a divorce can be challenging for a couple. When spouses are members of the LGBTQ community, there can be additional issues unique to same-sex divorces. Our divorce lawyers in Austin, Texas, understand these issues and what is at stake for our clients. We stand with you to demand what is fair and equitable for your divorce settlement.
Our divorce attorneys at Kazen Family Law & Divorce Lawyers have nearly 30 years of combined experience helping clients with sensitive family law matters. Our founding attorney David Kazen is Board Certified in Family Law by the Texas Board of Legal Specialization. Only 1% of family law attorneys in Texas are certified.
Call Kazen Family Law & Divorce Lawyers today at (512) 236-1315 to schedule a consultation with our Austin same-sex divorce lawyers to discuss your case.
For two decades, Kazen Family Law & Divorce Lawyers has represented clients in Austin. Our legal team is dedicated to helping our clients obtain the outcome they desire for a divorce settlement. We work diligently to protect their best interests and rights throughout the case.
When you hire our top-rated Austin family law attorneys, you can trust we will:
National legal organizations have recognized our attorneys for their legal services. We have top ratings and awards from Avvo, Justia, and Super Lawyers. Attorney Kazen has an AV Preeminent rating with Martindale-Hubbell, which is the highest rating given to attorneys.
Contact us today to schedule a case review with an Austin same-sex divorce attorney.
The divorce process for same-sex couples is the same as for heterosexual couples. A divorce begins when a spouse files a Petition for Divorce with the family court. The filing spouse is referred to as the petitioner, and their spouse is the respondent. Respondents have until 10 a.m. on the Monday following 20 days from service of the petition to file an answer or response to it.
A petitioner must be a resident in Texas for six months or longer to file for divorce. They must have lived in the county where they filed the divorce for 90 or more days.
The grounds for a same-sex divorce include no-fault and fault grounds. A no-fault divorce alleges that the marriage is irretrievably broken because of irreconcilable differences. The petitioner claims there is no reasonable expectation that the couple can resolve their differences, even with counseling or mediation.
The Texas Family Code provides fault grounds, including adultery, cruelty, abandonment, confinement to a mental hospital, living apart, and felony conviction. The petitioner must prove that their spouse is guilty of the alleged wrongdoing to obtain a divorce on fault grounds.
Same-sex couples face the same issues during a divorce as other couples. However, they face some unique challenges related to property division and child custody.
Texas is a community property state. Therefore, the law presumes assets and property received during the marriage are part of the marital estate. Property acquired before the marriage is separate property and not subject to property division.
A couple enters a divorce hearing with the presumption that community property is divided as a 50/50 split. However, judges can award a different split if the judge determines that it is fair and equitable. One of the factors a judge considers is the duration of the marriage.
The duration of the marriage can be an issue for LGBTQ couples. Many same-sex couples consider themselves to be married longer than when they were able to legally marry their partner. As a result, the couple may have different opinions as to what property should be included in the property division.
Same-sex couples may argue about child custody the same way other couples fight about custody. However, LGBTQ couples may have problems when only one parent is biologically related to the children.
If the non-biological parent adopts the child, child custody disputes are handled the same way as other cases with both biological parents. The judge decides custody matters based on the best interest of the child.
If a parent has not established legal rights, they need to hire an experienced same-sex divorce lawyer immediately. An attorney understands the law and can take steps to protect the non-biological parent’s right to custody and visitation.
Same-sex divorce cases often include complicated matters that may not be involved in heterosexual divorces. Our attorneys have extensive experience handling these types of cases. We fight to ensure you are treated fairly. Call Kazen Family Law & Divorce Lawyers today to schedule your confidential consultation with an Austin same-sex divorce lawyer.
Kazen Family Law & Divorce Lawyers
609 W 9th St Suite 101, Austin, TX 78701
(512) 236-1315
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