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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.