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Same-Sex Couples & Divorce Archives

Do lesbian couples face unique domestic violence challenges?

Domestic violence has no preference when it comes to race, gender, financial status or sexual preference. The legalization of same-sex marriage brought numerous LGBT issues to light, including complications of divorce. There are also a few differences between same-sex and heterosexual couples when it comes to domestic violence. You are not alone if you are a woman married to another woman in Texas, and feel unsure where to turn if your partner is abusive.

What hurdles do divorcing same sex couples face?

It's undeniable that Texan same-sex couples like you and your partner will have more legal issues to work through when getting a divorce. Even though Supreme Court ruling determined that same-sex marriage is legal, that still leaves the years before 2015 in a strange legal gray area.

What property is exempt from community property law?

Texas is a community property state, which can make things tough on Texan residents like you who want to get a divorce. At the Law Offices of Keith E. Holloway, we work to provide you with information regarding all of the possible exemptions to this law that you may have, which can help you protect your personal property from being given away to your ex-spouse.

Do you need a prenup?

As the spring gets well underway, are you part of one of the many couples in Texas planning a summer wedding? If so, how detailed have you and your future spouse gotten in conversations about finances? Have you considered a prenuptial agreement? If you think that prenups are only needed for wealthy or famous people, think again. These marital contracts are for everyone regardless of sexual orientation, financial situation or fame.

A review of the issues in same-sex divorce

Same-sex marriage was recognized by the federal government and incorporated against the states through a series of dramatic court decisions culminating in the Obergfell v. Hodges decision in 2015 which legalized same-sex marriage nationwide. Before the Obergfell Decision, marriage was determined state-by-state. Same-sex marriage was permitted in some states and forbidden in others. The hodgepodge approach to marriage law created a lot of confusion and impacted couples' access to federal benefits.

Same-sex couples still face challenges

If you are in a same-sex marriage, you hopefully have not experienced any challenges to your equality since your union. However, if you are now facing divorce, you may not have the same luck. Despite any equality ruling, there are some people that don't understand and cannot handle the complexities that same-sex couples face. To receive the understanding you need during this tough time, consider an attorney with experience representing same-sex couples during divorce.

Remarriage and engagement after divorce

Divorce happens for an abundance of reasons, and it is no different for same-sex couples. That being said, some couples get a divorce because they have found someone else they would rather spend the rest of their life with. When this happens, the filing spouse may be champing at the bit to get their marriage over and get remarried to their newfound love. Fortunately, here in Texas, the waiting period after divorce is not nearly as long as it is in some states. In fact, the newly divorced only have to wait 30 days before saying I do again.

Study demonstrates gay parents on par with heterosexual parents

The desire to have and raise children is a fundamental human instinct that is shared by gay and heterosexual parents alike. While it may seem self-evident that gay parents are equally capable of providing a happy home for their children as heterosexual parents, it's still nice to learn that there is scientific evidence that demonstrates the point. 

Same-sex parents can now decide how birth certificates read

It has been several months since the U.S. Supreme Court handed down its decision legalizing same-sex marriage in every state. And as you would expect, there has been a domino effect as other laws and rules are adjusted on the state level. For example, one important change involves the birth certificates of children of same-sex parents. 

Mediation is an effective tool for divorce negotiations

Now that same-sex marriage is legal in Texas, gay couples can enjoy the same benefits as their opposite-sex counterparts. But married same-sex couples will also face the same challenges as opposite-sex couples when going through a divorce.

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