LGBTQ Community

LGBTQ-Focused Legal Services You Can Trust

Divorces

Divorces encompass every area of your life. A client’s finances, family, employment, and all personal and business assets accumulated during the marriage. Getting a divorce is a grueling experience, but having an Alchemy Attorney walk this rocky road alongside will give you comfort to deal with the curve balls this unfortunate situation brings. We will always seek a harmonious and smooth solution in a familial, thoughtful kind of way because we believe harmony is the best path for this service.

Decision to Terminate Heterosexual Marriage

We understand the stigma that is deeply rooted in this country when you are not the picture-perfect version of what society has decided is all things lovely. We are particularly sensitive to the painful, emotional issues and mass discrimination faced by the LGBTQ community in Texas, and at large.

Thankfully, federal and state laws are slowly changing to provide more rights and protections for the members of the LGBTQ community, but there is still a great amount of stigmatism and unacceptance surrounding choices of sexuality, gender, and dress.

What we are finding as individuals become more clear on their intentions and identity and more in tune with their individual needs, they feel compelled to remove themselves from traditional marital situations that they entered into years or decades before to normalize their lives and fit into the role society fixed for them. Many have spent the greater part of their lives choosing to make others happy and have decided living their truth is the only meaningful and lasting choice.

Mixed-orientation Couples

Mixed-orientation couples are those in which one member in a relationship is either gay, lesbian, bisexual, or transgendered. According to one study, there are up to two million mixed-orientation couples. When the gay, lesbian, or bisexual partner comes out, a third of the couples break up immediately; another third stay together for one to two years and then split; the remaining third try to make their marriages work. Of these, half split up, while the other half stay together for three or more years.
 
Certainly, realizing and accepting your partner isn’t heterosexual can be difficult, but minimizing or ignoring the heterosexual spouses’ emotions is just as damaging as shaming the lesbian, bisexual, transgender, or gay partner who is ready to face their truth. Among the things you may feel are:
 
  • Loss and betrayal;
  • Drug or alcohol use;
  • Isolation;
  • Anxiety;
  • Bitterness;
  • Depression and grief;
  • Suicidal thoughts;
  • Low self-esteem;
  • Anger and hate;
  • Rejection and impotency; and
  • Denial
Many in this position have insurmountable fear of what their lives could look like if they out themselves or if the heterosexual partner decides to leave the marriage. Notably, all of this is more complicated if minor children are involved. We understand how the thought of leaving the safe, yet uncomfortable marriage is paralyzing and want to help you walk through it with grace and consideration. When you start to discuss your options, you need to know you are heard and no one is judged; we can provide that for you.

Same Gender Divorces

In Texas, a same-gender divorce generally follows the same legal process as a heterosexual divorce. The state legalized same-gender marriage in 2015 following the landmark Supreme Court case Obergefell v. Hodges.
 
Here are some general points to consider regarding same-gender divorce in Texas:
 
  • Legal Grounds: To file for divorce in Texas, you need to meet the residency requirements, which typically means that either you or your spouse must have been a resident of the state for at least six months prior to filing. The legal grounds for divorce in Texas are “insupportability” (no-fault divorce) or “fault-based” grounds such as adultery, cruelty, abandonment, conviction of a felony, or living apart for at least three years.
  • Dissolving the Marriage: The process of dissolving a same-sex marriage in Texas involves filing a petition for divorce with the appropriate district court. This petition should include information about the marriage, grounds for divorce, and any requests related to property division, child custody, alimony, or other relevant matters.
  • Property Division: Texas follows community property laws, which generally mean that any assets or debts acquired during the marriage are considered community property and should be divided equitably between the spouses. It’s essential to consult with an attorney to understand how this applies to your specific situation.
  • Child Custody and Support: If you and your spouse have children, child custody and support arrangements will need to be addressed. Texas courts prioritize the best interests of the child when determining custody and visitation rights. Same-sex couples have the same rights and obligations as heterosexual couples regarding child custody and support.
  • Spousal Support: In Texas, spousal support, also known as alimony, may be awarded on a case-by-case basis. The court considers factors such as the length of the marriage, the earning capacity of each spouse, and any economic disparity between them.
  • Legal Assistance: While same-sex couples are legally entitled to divorce in Texas, it’s advisable to seek legal assistance from an attorney experienced in family law or LGBTQ rights. They can provide personalized guidance based on your circumstances and help navigate any unique issues that may arise during the process.
Our Firm’s cultural framework is, “Grow Through What We Go Through” and we are here to go through it with you because we are The Law Firm with a Moral Compass, and we proudly wear compassion for our clients on our shoulders, so click below to schedule your free 30-minute consultation.
 

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