Since the U.S. Supreme Court’s landmark decision in Obergefell v. Hodges (2015), same-sex marriage has been recognized in every state — including Texas. But while marriage equality is well-established, same-sex divorce can still present complex legal challenges.

At Webb Family Law, we help clients across North Texas navigate issues of custody, property division, and jurisdiction unique to same-sex relationships.

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Recognition and Jurisdiction Challenges

Before Obergefell, Texas did not legally recognize same-sex marriages performed in other states. This means that couples married elsewhere before 2015 may face questions about jurisdiction when filing for divorce in Texas.

Under the Texas Family Code §6.301, at least one spouse must have lived in Texas for six months and in the county of filing for 90 days. Couples who married years earlier outside the state might need to establish proof of residence and marriage validity for the court to grant a divorce.

Our firm regularly assists clients in confirming recognition of their marriage and ensuring Texas courts have authority to divide property and decide custody matters.

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Property Division in Same-Sex Divorce

Texas follows community property law, which means assets acquired during the marriage are generally divided equally. However, same-sex couples often encounter disputes over the start date of the marriage, particularly if they lived together long before Texas recognized their union.

For example, if a couple lived as partners for ten years before legally marrying, determining what is “community property” may require extensive documentation and negotiation.

The Texas Family Code §3.002 governs community property, but in these cases, courts must interpret fairness in light of the relationship’s history — often with the help of experienced counsel.

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Custody Considerations for Same-Sex Parents

Custody (known as conservatorship in Texas) can also be more complicated for same-sex couples. When one parent is not the biological or adoptive parent, establishing parental rights can be challenging.

Texas law prioritizes the best interests of the child, but legal parentage must first be established. Adoption, surrogacy, or donor agreements all affect custody rights, and failing to formalize them early can leave one parent vulnerable during divorce proceedings.

Our team ensures both parents’ relationships with their children are protected — whether through formal recognition, custody agreements, or modification orders.

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Protecting Your Rights in Same-Sex Divorce

Every divorce is unique, but same-sex couples often face added layers of complexity. The attorneys at Webb Family Law are experienced in handling same-sex marriage and domestic partnership matters, helping clients protect their property, parental rights, and financial stability under Texas law.

📞 Contact Webb Family Law today to schedule a confidential consultation and ensure your rights are fully protected.