Same-Sex Divorce in Corpus Christi

How Same-Sex Divorce Works in Texas

The U.S. Supreme Court’s 2015 decision in Obergefell v. Hodges required states to license and recognize same-sex marriages. Texas divorce procedures now apply to same-sex spouses, including rules governing residency, grounds for divorce, property division, and orders concerning children.

Before filing, at least one spouse generally must have been domiciled in Texas for the preceding six months and a resident of the county where the case is filed for the preceding 90 days. Domicile refers to a person’s established legal home, while county residency determines where the divorce petition may be filed.

Grounds & Minimum Waiting Period

Texas permits a no-fault divorce based on insupportability, meaning conflict has destroyed the marriage with no reasonable expectation of reconciliation. The Texas Family Code also identifies fault grounds that may apply depending on the evidence and circumstances.

A court generally can’t finalize a divorce until at least 60 days after the petition is filed. This statutory minimum isn’t a prediction of the total timeline. Disputes involving property, parentage, custody, support, or procedure can extend a case.

Informal Marriage & Pre-2015 Relationships

A long-term relationship doesn’t automatically establish an informal marriage. The spouses must have agreed to be married, lived together in Texas as spouses after that agreement, and represented to others that they were married. Informal marriage is sometimes called common-law marriage, but proving it requires evidence of every legal element.

Texas applies this recognition to same-sex couples. When a relationship began before 2015, the date on which the marriage became legally recognized may be disputed. Evidence of the couple’s agreement, shared life, and representations to others may be central to that determination.

That date can affect how assets are classified. If spouses separate and no action to prove or end the marriage begins within two years, Texas law creates a rebuttable presumption that they didn’t agree to be married. Evidence may challenge that presumption, but the passage of time can make the claimed marital status harder to prove.

Dividing Property in a Same-Sex Divorce

Texas is a community-property state. Assets acquired during marriage are generally presumed to belong to the community estate unless a spouse proves they belong to that spouse’s separate estate. Courts divide the community estate in a manner they consider “just and right,” which doesn’t necessarily mean an equal division.

Property owned before marriage and property received individually by gift or inheritance during marriage generally remain in a spouse’s separate estate. Classification can depend on when and how an asset was acquired, not simply whose name appears on the title or account. Records tracing the source of funds may therefore be significant.

If a marriage is established through conduct rather than a formal ceremony, the same division rules apply. An asset purchased by one spouse or titled in one spouse’s name isn’t automatically excluded from the marital estate. The timing and source of the asset must be evaluated alongside the available documentation.

Parentage, Child Custody & Support

Parentage establishes a person’s legal relationship to a child. Questions may arise when that relationship hasn’t already been established, including in some families involving assisted reproduction, adoption, or a child born before the marriage. The relevant facts and existing orders determine what requires attention.

A divorce involving children may address decision-making responsibilities, parenting time, and financial support. Our practice covers child custody, visitation, and child support. We examine parentage and existing legal documentation when they affect the orders requested in the divorce.