Texas laws on gay marriage

Texas could introduce anti-gay marriage laws in 12222 if these lawmakers have their way

If you need help with your same-sex marriage or dissolution of your domestic partnership, call The Evans Law Firm. We have helped many couples resolve family law cases, with a focus on avoiding or minimizing courtroom time for our clients and achieving the best possible outcome for children. Ask for your consultation today: In Texas, a common law marriage exists when two partners agree to live together for an indeterminate time as if they are married and present their relationship to others as a marriage.

In theory, with the legalization of same-sex marriage, same-sex common law marriage should be legal, too, but that concept was tested in a Texas court last year. In the ruling that drew national attention, a Travis County judge recognized a common law marriage between two women, even though one spouse had died in , before same-sex marriage was legal in Texas. Texas courts have heard other cases involving same-sex divorce and the rights of same-sex partners who were living as a married couple before the Supreme Court ruling.

What sometimes complicates these cases is that many Texans in same-sex marriages that predate July were married in other states, where same-sex marriage was legal.

Texas Supreme Court throws out ruling that favored same-sex marriage benefits

To file for divorce in Texas, the petitioner must have resided in Texas for the previous 12 consecutive months, and the soonest a divorce can be granted is 61 days after the petition is filed. If a spouse returns to the state where the marriage occurred, establishes residency, and is the first to file for divorce, then that state, not Texas, would hold jurisdiction over the divorce.

Same-sex couples may have a variety of legal concerns relating to their roles as parents. But the Texas Dept. A formal adoption relationship can help prevent long legal disputes in the case of divorce or death and ensure that any custody and visitation agreements will be in the best interest of the child.


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The Evans Law Firm understands that the emotional toll of divorce can be further complicated by uncertainty about what laws will apply in a particular situation. Our family law experience enables us to provide the best advice for same-sex couples getting divorced, and we work hard to make sure our clients feel that the final divorce decree is just and fair. Contact us today via our online form, or call us at to request your no-obligation consultation.

We are proud to offer competent, efficient representation by a board certified trial attorney Chip Evans Bio. With a proven track record of success from Austin to the Rio Grande, our clients appreciate the respect and courtesy they receive from everyone at The Evans Law Firm Client Testimonials. A Texas injury lawyer at the Evans Law Firm can offer experience handling cases in all major cities of Texas, including Austin, and in all areas of personal injury and vehicle accident law.

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Call The Evans Law Firm today at 1. Attorney Bio: Chip Evans. The Evans Law Firm offers personalized legal assistance in convenient locations across Texas, including Austin. Texas laws do not impact parent-child rights and duties.

Gay & Lesbian Family Law in Texas | O’Neil Wysocki Family Law | LGBT Legal Cases & Parenting Issues

If you are part of a same-sex couple that has minor children, there are procedural rules governing who can seek a court-ordered relationship with the children. A biological or adoptive parent automatically has the standing to file a suit affecting the parent-child relationship SAPCR. A person who has had care, control, and possession of a child for at least six months, ending not more than 90 days before the suit is filed, has the standing to file a SAPCR. One of these grounds for standing usually applies to persons in a same-sex relationship.

Texas-sized battle over same-sex marriage

If you are in a same-sex relationship that is ending and you would like to know more about who has what rights and obligations relating to minor children, please do not hesitate to give us a call at our offices in Dallas , Frisco , San Antonio , or Fort Worth. Share email facebook twitter linkedin. Orsinger Keith M.