San Antonio LGBTQ Family Law Attorneys
The laws pertaining to LGBTQ people are constantly evolving. While Texas recognizes same-sex marriages, that does not necessarily mean that the LGBTQ community no longer faces unique legal problems and discrimination, especially when it comes to family law.
No matter the family law issue you are facing, the San Antonio LGBTQ family law attorney at Hoelscher Gebbia Cepeda PLLC can offer sound direction, guidance, and solutions that will fit your individual circumstances and needs.
Common Law Marriage for The LGBTQ
In Texas, same-sex couples can enter into a common law marriage, also called informal marriage. A common law marriage is a lawful marriage absent a ceremony and other related formalities attached to traditional marriages. However, it can only be entered into if the same-sex couple meets certain legal requirements.
For instance, an informal marriage doesn’t depend on the length of time a couple has been cohabitating or whether they have children together. It’s as lawfully valid as formal marriages, and the couple can receive the same benefits and legal rights as formally married couples.
Ending a marriage can be immensely challenging and overwhelming for all kinds of couples. Figuring out which asset belongs to whom and dividing property during a divorce is often contentious but can be especially more complex when same-sex couples divorce. Before the legalization of same-sex marriage in all states in 2015, many same-sex couples entered into common law marriages in states where same-sex marriages are allowed.
Establishing the official start of a marriage is crucial in a same-sex divorce case because that date explicitly shows when the couple started a community property estate, which will significantly affect the interplay between community property rights and separate property rights of the couple and their own estates.
Although a same-sex divorce involving kids will be subject to the same statutes and rules that govern other parent-child cases, same-sex divorces involving child custody matters present unique circumstances and facts that can make them more complicated.
For example, in a child custody dispute between a biological parent and an intended or non-legal parent, some courts may be more inclined to award the biological parent managing conservatorship over the other parent. This issue is also commonly raised in custody disputes in which the other parent did not complete a second-parent adoption.
Unique Adoption Issues Specific to The LGBTQ Community
LGBTQ people can and have adopted countless children for decades, adopt their partner’s biological children, and adopt children jointly, which makes both partners legal parents. However, they may still face some roadblocks. For example, some religious and private adoption agencies continue to fight for their “alleged” right to deny same-sex couples or LGBTQ people the right to adopt because it will violate their religious beliefs and freedoms.
Consult With an Experienced San Antonio LGBTQ Family Law Attorney Today
If you have any concerns or questions about a family law matter, you can count on the LGBTQ family law attorneys at Hoelscher Gebbia Cepeda PLLC for legal guidance. Our attorneys will guide you through all the legal hurdles you may need to navigate to ensure that you and your family are afforded the same legal protections and rights enjoyed by all families in Texas. Reach us online or call 210-222-9132 to schedule your appointment with our San Antonio LGBTQ family law attorney.