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Same-Sex Couples & Divorce Archives

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.

Same-sex marriage ruling was a top story in 2015

It is possible that historians will cite 2015 as one of the most pivotal years in history for the LGBT community. The year boasted a number of significant events that garnered national attention. Many of these stories reflected positive changes and increased acceptance of the community while other stories demonstrated there is still room for improvement.

Rosie O'Donnell settles custody issues with her ex

Eventually, it may come to pass that the phrase "gay marriage" will only be used in history books. Now that the U.S. Supreme Court has ruled that same-sex couples have the same marital rights as different-sex couples, there is actually less reason for the phrase to exist. So, perhaps one day marriage will be commonly viewed as a union between two people who love each other and there will be no need to make any distinctions regarding sexuality.

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