Ever since the United States Supreme Court legalized same-sex marriage, same-sex couples in Texas have had questions regarding their rights. Generally speaking, same-sex couples enjoy the same rights as other married couples, including the ability to obtain a divorce. However, in order to obtain a divorce in Texas, married couples must meet certain requirements. If you’re a spouse in a same-sex marriage and would like to obtain a divorce in Texas, please review the information below, and contact a Texas divorce attorney for a consultation.
Residency requirements
In order to file a suit for divorce in Texas, either the petitioner or respondent must have been a domiciliary of the state for the preceding six months and a resident of the county where the suit is filed for the preceding 90 days.
Divorce by a non-resident spouse
As long as one spouse in a same-sex marriage has been a domiciliary of Texas for at least the previous six months, then a spouse domiciled outside of Texas is permitted to file a divorce suit in the county where the domiciliary spouse resides at the time of filing.
Jurisdiction over a non-resident respondent
If the spouse in a same-sex marriage who files for divorce is a domiciliary or resident of Texas at the time he or she files the suit for dissolution of marriage, then the court may exercise personal jurisdiction over the other spouse even though he or she isn’t a Texas resident if:
- Texas is the last marital residence of the couple, and the suit is filed prior to the second anniversary of the date on which the spouses ceased living together.
- There is any basis that is consistent with the constitutions of Texas and the United States for Texas to exercise personal jurisdiction over the matter.
Same-sex divorce grounds
The following are grounds for divorce in Texas:
- Insupportability (no-fault)
- Adultery
- Cruelty
- Conviction of a felony
- Abandonment
- Living apart
- Confinement in a mental institution
Contact us today to begin the same-sex divorce process
If you are seeking a same-sex divorce in Texas, you need an experienced attorney on your side. In addition to walking you through the divorce process, our experienced Denton attorney will negotiate on your behalf during the property division process, providing you with the best possible legal representation so that you will come away with a property division agreement that is reasonable and just.
Our talented Texas attorney can also assist you with issues like child custody, child support, modifications of existing orders, enforcements, characterization of property, spousal maintenance, temporary restraining orders, and protective orders. Finally, our attorney understands the emotional and financial toll that a Texas divorce case can take on a person, so you can rest assured that he will handle your case with patience, compassion, and understanding. If you need a divorce in Texas, please contact us today for a consultation.