Skip to content
In 2015, the U.S. Supreme Court legalized same sex marriages by ruling that bans on such marriages were unconstitutional. While this landmark decision was a significant step forward for equality, confusion still persists regarding its impact on citizens in Texas, particularly in the context of same sex divorces. Understanding how this ruling affects legal rights and responsibilities in Texas is essential for same sex couples navigating marriage and divorce.
Are same sex marriages legal in Texas today? What was the case before this Supreme Court ruling in 2015? The Law Office of Bryan Fagan, PLLC would like to discuss this subject with you all in today’s blog post.
Background of Same Sex Marriage in Texas
Some states had legalized same sex marriage prior to 2015, but Texas was not one of those States. If you were in a same-sex marriage and moved to Texas before 2015, you couldn’t have obtained a divorce or married in Texas.
The Texas Family Code previously banned the recognition of same-sex marriages, logically implying that same-sex couples couldn’t divorce in Texas if they couldn’t marry there. However, the Supreme Court’s decision to legalize same-sex marriages in all fifty states changed this long-standing Texas law.
Same Sex Divorces: Do they work like opposite sex divorces?
Since the laws that apply to “traditional” marriages apply now to same sex marriages, then it would stand to reason that the laws on divorce apply equally across the board. This means that rules of community property that applied previously would continue to be applicable to same sex marriages.
Your debts, property, and other assets will split in a divorce the same way for you, regardless of whether you’re in a same-sex or a “traditional” marriage. During your marriage, any income you earn, including salary, wages, investment returns, and retirement savings, becomes part of the community estate and is subject to division in a divorce.
If you and your spouse bought a home during your marriage and it gained equity, you must divide this equity at divorce. Similarly, you must resolve and divide any debts accumulated during the marriage before a court grants the divorce.
For readers who married outside Texas: Texas now honors prenuptial agreements made in other states. When filing your Original Petition for Divorce, you should reference and attach your prenuptial agreement as an exhibit. Finally, upon concluding your divorce, attach your prenuptial agreement to your Final Decree of Divorce as an exhibit and reference it in the document.
What Does the Legalization of Same Sex Marriages Mean for Common Law Marriages in Texas?
- Actively agree with your common law spouse to be married.
- Cohabit in Texas as a couple.
- Present yourselves to others as a married couple.
What Happens if You Consider Your Marriage to Have Happened Prior to 2015?
The Supreme Court determined that their 2015 ruling could apply retroactively to marriages that existed in Texas or any other state long before 2015.
Note that if you and your common law spouse end the relationship and do not reconcile within two years, the law presumes that no common law marriage ever existed.
For those seeking a common law divorce, determining the exact start date of your marriage is crucial. This is especially challenging for same-sex couples, who have faced difficulties in establishing a specific start date due to varying laws on recognizing same-sex marriages.
If you lived in a State like Texas that honored common law marriages but not same sex marriages then you would need to present evidence as to when your common law marriage began. This will affect your or your spouse’s ability to collect spousal maintenance and retirement benefits under certain retirement plans.
In conclusion, while the Supreme Court’s 2015 ruling legalized same sex marriages nationwide, same sex divorces in Texas can still present unique legal challenges. It’s important for same sex couples to understand how this decision impacts their rights and obligations, particularly in divorce proceedings. With the right legal guidance, same-sex couples can navigate these complexities to ensure a fair and equitable resolution to their divorce. Consulting an experienced attorney can provide clarity and help protect the interests of both parties during this process.
Questions on same sex marriages and divorce? Contact the Law Office of Bryan Fagan
The law regarding same sex marriage changed virtually overnight in Texas when the Supreme Court issued their decision on this subject back in 2015. With it, courts, county clerks and attorneys across our State had to scramble to keep up with the changing times and changing laws.
If you have any questions on this subject or are interested in speaking to an attorney about a divorce please do not hesitate to contact the Law Office of Bryan Fagan, PLLC. Our office represents clients from across southeast Texas and would be honored to do the same for you. A free-of-charge consultation is available with one of our licensed family law attorneys six days a week.
Ebook
![Adobe Stock 62844981[2]](/?seraph_accel_gi=wp-content%2Fuploads%2F2023%2F09%2FAdobeStock_628449812.jpeg&n=a3PK2HcKcL5sbjTfQ34Iw)
If you want to know more about what you can do, CLICK the button below to get your FREE E-book: “16 Steps to Help You Plan & Prepare for Your Texas Divorce”
![Divorce Wasting Assets[4]](/?seraph_accel_gi=wp-content%2Fuploads%2F2023%2F09%2FDivorce-wasting-assets4.jpeg&n=0TAaIlPpzb4QWRK62HCR4g)
If you want to know more about how to prepare, CLICK the button below to get your FREE E-book: “13 Dirty Tricks to Watch Out For in Your Texas Divorce, and How to Counter Them” Today!”
![Financial Checklist[3]](/?seraph_accel_gi=wp-content%2Fuploads%2F2023%2F09%2Ffinancial-checklist3.jpeg&n=1ZCuMam6rxGtzTHvwU89og)
Get this FREE download about what you need to know before filing for divorce.
Other Articles you may be interested in:
- Deciding Spousal Support in Same-Sex Divorces
- Same Sex Marriage: Can a judge stop you from getting a divorce in Texas?
- How 2022 Texas Marriage Laws Affect Same-Sex Marriages and Divorces
- Grounds for Divorce in Texas
- Filing for Divorce in Texas
- Texas Contested Divorce
- Alternative Dispute Resolution in Texas
- High Net Worth Divorce in Texas
- Texas Out-Of-State, International Divorce & Military Divorce
- Why do divorces cost so much in Texas?
- Reduce stress and costs in a divorce by mediating your case
- How to budget for a cost-friendly divorce in Texas
Law Office of Bryan Fagan, PLLC | Spring, Texas Divorce Lawyers
The Law Office of Bryan Fagan, PLLC routinely handles matters that affect children and families. If you have questions regarding divorce, it’s important to speak with one of our Spring, TX Divorce Lawyers right away to protect your rights.
Our divorce lawyers in Spring TX are skilled at listening to your goals during this trying process and developing a strategy to meet those goals. Contact the Law Office of Bryan Fagan, PLLC by calling (281) 810-9760 or submit your contact information in our online form.
