We are now several years removed from same-sex marriage finally being legalized across the United States. This was a major and necessary move to make sure everyone had the right to love, be loved, and take advantage of government programs available to married couples. While this step towards equality has provided a more uniform reality for all couples, there are still challenges we must overcome to ensure protection and support for LGBTQ couples.
The right to marry comes with it the right to divorce. Studies show same-sex couples are just as likely as other couples to get divorced, with similar reasoning such as finances, individual responsibilities, and other common stressors. Once these relationships end, however, there can be some unique challenges for LGBTQ couples to prepare for.
Custody considerations
We previously talked about this issue for same-sex couples getting divorced in Texas. There are different considerations for same-sex couples because the parentage isn’t as directly defined by Texas law. Texas law is written for couples of the opposite sex, so children born during the marriage will have two defined parents. For same-sex couples, this can be a bit more challenging during the process if only one of the parents is named in the paperwork and has defined parentage.
Splitting assets
As you go through the divorce process, the court will consider the length of time a couple has been married when making decisions about which assets are to be split. Texas is a “community property” state. This means any property acquired during the marriage will be shared unless specifically designated otherwise.
The reason timing is a major issue here is that while some same-sex couples have been together for decades, the right to marry was only recently guaranteed. This means the couple’s timeline may look different from the legal timeline. If you or your spouse acquire property you hope to keep separate, you should make sure it’s documented so issues can’t arise should the relationship fail.
Additional discrimination
LGBTQ individuals face more discrimination than straight individuals on a day-to-day basis. It’s an unavoidable and unfortunate truth right now. This discrimination can manifest itself further through and after the divorce process.
During the divorce process, same-sex couples may face discrimination in the courtroom from individuals who fail to recognize the legal and moral obligation to treat everyone equally and fairly. This could create increased problems with both of the above-mentioned tasks of splitting assets and determining custody.
The other issue is that some divorcees can face a lesser-talked-about form of discrimination from friends, family, and future partners. Some individuals still view divorce through a lens of disappointment and put unfair criticism upon people whose marriages failed. This can compound issues for LGBTQ individuals who already face discrimination and challenges on the dating scene.
At Divorce in Texas, we believe in supporting all couples and individuals, regardless of gender identity/expression and sexuality. Contact us today and let us guide you to a new start.
Divorce Wise™
Latest posts by Divorce Wise™ (see all)
- When Am I Allowed to Modify My Child Custody Agreement in Texas? - November 4, 2024
