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What hurdles do divorcing same sex couples face?

On Behalf of | Sep 29, 2017 | Same-Sex Couples & Divorce |

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.

NBC News reported several stories of divorcing couples who faced legal struggles during their divorce for various reasons. For example, couples who were not legally married before the 2015 ruling may have adopted children during the years before marriage. Because of that, only one of you may have been allowed to legally adopt the child. This means only that sole person would legally be the child’s parent. What about the other? Despite spending years acting as a parent to the child, there may be no legal footing to argue for custody or visitation. It’s a frightening prospect to many.

Additionally, there are issues like marriage annulment or remarrying to consider. Tricky situations exist in which married gay couples might have separated without a divorce due to their marriage not being acknowledged in all states. They move on to remarry elsewhere without divorcing. However, after the Supreme Court ruling, those new marriages would most likely be nullified in the eyes of the law, because the old marriage is now valid in all states.

The move to allow gay and lesbian couples to wed was a huge step forward. Unfortunately, the legal system takes a while to catch up. This means that divorce proceedings for couples like you and your partner will likely be overly-complex and confusing for many years to come, requiring plenty of legal guidance in the meantime.