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Same-Sex Couples & Divorce Archives

What is a common law marriage?

Most married Texas couples were married in a wedding ceremony and have a marriage license. Other Texas couples, however, had no wedding, have no marriage license, but still are legally married. These couples are in what is known as a common law marriage. Texas calls these marriages a “marriage without formalities” or an “informal marriage.”

Is America’s divorce rate really 50 percent?

If you are a married Texan contemplating divorce, you probably are very sad. All the hopes and dreams you had on your wedding day have come crashing down and you now are faced with the realization that you and your spouse are about to become just one more statistic to add to America’s 50 percent divorce rate. But is that rate really valid?

What do Texans need to know about common-law marriage?

Texas is one of the few states that legally recognizes common-law marriage, which may impact you if you are splitting up with your significant other. There are many myths surrounding common-law unions, perhaps the most pervasive being that anyone can be considered married by common law if they are living together for at least seven years.

High-asset same-sex divorce issues

At the Law Offices of Keith A. Holloway, we believe that each of our clients deserves the same consideration under the law as any other Texas residents. There is no doubt that our state and municipal courts retain certain attitudes that affect the treatment of individuals during the dissolution of same-sex married couples and domestic partnerships. We see it as is our job not only to provide understanding and advocacy, but also to ensure that articles of the law are carried out, ideally to our clients' benefit, regardless of the gender or identity of their partners. 

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.

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