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On June 26th, 2015, the US Supreme Court decision legalized same-sex marriages nationwide, allowing Texas family courts to grant same-sex divorces and handle related matters, including property division, similarly to opposite-sex divorces.
While the fundamental issues in a same-sex divorce in Austin are similar to those of a heterosexual couple seeking a divorce, property division in Texas can be complicated, and it's advisable to seek guidance from a knowledgeable same-sex divorce lawyer.
In Texas, the legal principle of community property applies. This means that any property obtained during the marriage is considered to be jointly owned by both spouses.
When a couple in Texas gets a divorce, a property division same sex divorce lawyer will determine how to divide the community property according to court orders. In Texas, the law presumes that all community property is equally owned by both spouses, regardless of who acquired it or who has more separate property.
Since the laws governing opposite-sex marriages now also apply to same-sex marriages in Texas, it can be assumed that the property division laws for a same-sex divorce in Austin would be consistent with those for all divorces. Essentially, in a same-sex marriage, the division of assets, property, and debts during a divorce is no different from a "traditional" marriage in Texas.
Any earnings obtained throughout a same-sex marriage will be considered as part of the community estate and will be divided during divorce proceedings. This encompasses salaries, wages, and earnings from retirement funds or other investments that were accumulated during the marriage.
In the event that the same-sex couple bought a home during their marriage, and the home equity increased over time, that increase in equity would be divided during the same-sex divorce in Austin. Moreover, if either spouse incurred any debts during the marriage, they would be divided prior to finalizing the divorce.
Although some same-sex couples may still be happily married, others may be contemplating divorce. If a same-sex couple, or even a single spouse, is considering a same-sex divorce in Austin, it is advisable to consult an experienced Austin same-sex divorce attorney for guidance on the specific situation. However, it may be useful to keep in mind these essential points about the process, and how the division of property is decided.
According to the Texas law on the Distribution of Marital Property, all assets acquired during the marriage will be divided in a manner that is deemed "just and right." This legal language has been interpreted to mean that property division should be based on what is fair to both parties and any children involved. The statute contains specific guidelines regarding property acquired by either spouse while residing in another state.
As same-sex couples are now able to marry legally, they will need to follow the same legal process as any other married couple if they choose to end their marriage. It does not matter if the marriage took place in Texas or another state. It is crucial to go through the full divorce process as long as the couple is still legally married, they will continue to accumulate property together.
Texas follows the community property law, meaning that most of the assets obtained during the marriage will be divided upon divorce. However, gifts and inheritances that one spouse receives are exceptions. Property is only considered separate if it was owned before the marriage or after the divorce is finalized.
In Texas, alimony, which is also referred to as spousal support, is only ordered by divorce courts in specific situations, even in the case of same-sex marriages. Generally, the requirement is that the marriage must have lasted for at least ten years, and the amount of support granted must be reasonable based on the circumstances.
Alimony is typically awarded when one spouse would have difficulty obtaining employment, particularly if they stayed at home to care for children. The intention of spousal support is to provide financial assistance while the individual receives education or training to become self-sufficient. Therefore, in most cases, it is not a permanent arrangement.
Same-sex couples who are going through a divorce need to deal with issues related to their minor children, such as child custody, visitation, and support, just like opposite-sex couples. The determinations for child custody and visitation are based on the best interests of the child, which is established by case precedent and considers factors such as the emotional and physical needs of the child. Additionally, the wishes of the child, the parenting capabilities of each parent, and the parents' plan for raising the child are taken into consideration. Safety is also a major factor, and any threat to the child's well-being will impact custody and visitation arrangements.
Having a same-sex divorce attorney in Austin can prove to be crucial in navigating the intricate process of property division during a divorce. They possess a comprehensive understanding of the community property and separate property laws in Texas and can ensure that your rights and interests are safeguarded throughout the proceedings. The attorney can assist you in identifying and evaluating the assets and debts that require division, and collaborate with your spouse's lawyer to arrive at a fair settlement. If negotiations fail, your attorney can represent you in court to protect your property rights. By hiring a skilled same-sex divorce attorney, you can have peace of mind that your property division will be handled with the utmost care and proficiency.
