Same-Sex Marriage, Divorce, and Custody

Since the U.S. Supreme Court has ruled that bans on same-sex marriage are unconstitutional, same-sex couples may now marry, and marriages of same sex couples legally performed in another state will be recognized.

At Vaught Law Firm, P.C., our attorneys have been working with same-sex couples for many years. We have helped people with domestic partnerships and child custody issues. Now that same-sex marriage is legal in Texas, we will represent people who want premarital agreements as well as those who are divorcing. Please speak with us to learn more about your Texas family law rights.

How Same-Sex Marriage Will Affect Couples and Families

Same-sex couples now have the same rights in marriage and divorce as heterosexual couples, including:

  • Community property rights
  • Homestead rights
  • Certain reimbursement rights
  • Spousal maintenance or alimony rights, when applicable

Child custody cases involving same-sex parents could have legal complications. We can help you determine if additional legal protections should be implemented such as a co-parent adoption.

Same-sex couples may also have informal or common law marriages. A common law marriage exists when the couple agrees to be married, and after the agreement, they lived together as spouses and represented to others that they were married. They may also file a declaration of informal marriage with the county clerk. However, there is no informal or common law divorce.

We Are Here for Your Family

Call us at 512-342-9980 or complete our online form to arrange a confidential consultation with a lawyer in our Austin office.