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Same Sex Marriage, Divorce, and Custody

In January 2015, the United States Supreme Court, after hearing Obergefell v. Hodges, issued a ruling, stating that “same-sex couples may exercise the fundamental right to marry in all fifty states,” thus requiring all states, Texas included, to provide marriage rights to same-sex couples and recognize same-sex marriages performed in other states.

What Effects Will Same-Sex Marriage Have on Couples and Families?

With the Supreme Court ruling once and for all that marriage is a constitutional right, all states are now legally obligated to perform and recognize same-sex marriages, effectively making marriage equality the law of the land.

This also means that same-sex couples can now enjoy the same marriage and divorce rights afforded to heterosexual couples. This includes, among others:

  • Homestead rights
  • Select reimbursement rights
  • Property division rights
  • Alimony and spousal maintenance rights
  • Child custody rights

In response to the Supreme Court’s ruling of Obergefell, employers all around the country have begun reviewing their benefit policies and plans to determine which have to be updated for their personnel. For instance, employers that have programs for "domestic partner" benefits are updating their policies in recognition of the constitutional rights same-sex couples now have.

Starting a New and Better Life as a Legal Couple

Same-sex couples can also seek common-law or informal marriages. A common-law marriage happens when a couple agrees to get married, living together as spouses and showing their intention to society that they intend on being married. Such couples may also file a declaration of informal marriage with their county clerk in Texas.

If you are looking to combine households, Lyttle Law Firm can help you draft a pre-nuptial agreement, outlining how your union will handle household property and assets.

Pathways to New Beginnings for Same-Sex Couples

Already, Texas has issued more than 2,500 marriage licenses after the Supreme Court ruling. The decision also allows same-sex couples lawfully married in other states and countries living in Texas to seek legal means to divorce their partners. Lyttle Law Firm can provide egal advice and assistance for same-sex couples in the following areas:

Child custody cases involving same-sex parents can present several legal complications. At Lyttle Law Firm, we can help you decide whether added legal protections and rights, are necessary to protect you and your child.

Contact Us Now!

With years of experience handling a variety of family law cases, we’re prepared to guide you through all legal matters related to same-sex marriage in Central Texas. Call us today at 512.215.5225 or fill out our online form to schedule a consultation.

Client Reviews
"Before finding you, I had contracted three different lawyers. You were able to quickly resolve and settle a case that I thought was impossible for settle. Because of your expertise and your professionalism, I was able to save thousands of dollars that I can now dedicate to my family. You were sharp, creative, and a strong advocate for me and my family in the Courtroom and in negotiations with the opposing side. Thank you so much for the work that you do!" T.F.
"Daniella, you helped me during the darkest and most difficult time in my life. You were always honest, gave me realistic expectations, and you were prepared for anything in the Courtroom and out of the Courtroom. I will be forever grateful for what you did for me and my children. Because of you, I feel that I got a settlement that will put me on the right path for this next chapter of my life as a divorced parent. Thank you and your wonderful team! you all are great!" A.R.
"Ms. Lyttle's name was given to me by a mutual friend who described Ms. Lyttle as an intelligent lawyer with an athlete's competitive spirit. Ms. Lyttle was a wonderful representative of calm preparedness during what became a lengthy and tenacious divorce litigation. I appreciated her knowledge, her calmness despite the fact that I was very anxuous, and her polite and respectful attitude in the courtroom, and outside of it. Ms. Lyttle helped me to stay focused on the larger picture, and her experience and advice came to me at a time when I was desperate and depended on her. I am glad to report I placed my trust in someone who actually delivered." R.E.
"I have known Ms. Lyttle for more than two years. She has represented me in my divorce and then in my modification/enforcement case in the most proffessional manner. Ms. Lyttle's ethics are of the highest standards. Her friendship , courtesy ,knowledge and honesty have become very important to me during the last two years as she represented me in my family law case. I have recommended Ms. Lyttle to a many friends facing family law matters and I know I can count on Ms. Lyttle should I need her again in the future." A.W.