Temple Same-Sex Divorce Lawyer

Board-Certified Family Law in Bell County Since 1989

Same-sex couples in Texas have the same legal right to divorce as any other married couple, but the process can raise questions specific to your situation: how property acquired before 2015 is treated, how parentage is established for a non-biological parent, and how Bell County courts handle custody when both spouses aren’t recognized on a birth certificate. At Young Law Firm, we’ve handled family law cases in Temple since 1989, and our lead attorney, Barbara Schwarz Young, is Board Certified in Family Law by the Texas Board of Legal Specialization, a credential earned through a written exam, demonstrated substantial involvement in family law, and favorable evaluations from fellow attorneys and judges. That combination of local court familiarity and a rigorously credentialed attorney is what we bring to every same-sex divorce we handle.

Our representation covers the full scope of same-sex divorce: property division, child custody and visitation, spousal maintenance, and post-divorce modifications. Attorneys and firms throughout Central Texas regularly refer clients to us, and that professional trust has been built one case at a time over more than three decades of practice in Bell County. If you’re looking for a same-sex divorce lawyer in Temple, we’re ready to talk through your situation. Call Young Law Firm at (254) 774-1996 to schedule a free consultation.

Same-Sex Divorce Under Texas Law

Following the U.S. Supreme Court’s 2015 decision in Obergefell v. Hodges and the federal Respect for Marriage Act passed in December 2022, same-sex marriages carry full legal recognition nationwide. Texas applies its divorce framework to same-sex couples without distinction. The same residency requirements, waiting periods, and property rules apply: at least one spouse must have lived in Texas for six months and in Bell County for at least 90 days before filing through the Bell County District Courts. Texas Family Code Section 6.702 also imposes a mandatory 60-day waiting period after filing before a divorce can be finalized.

Texas is a community property state. Assets and debts acquired during the legal marriage are generally subject to division. Courts divide community property in a “just and right” manner, meaning equitably but not necessarily equally, weighing factors such as fault, each spouse’s financial circumstances, and other relevant considerations. Divorce can be filed on no-fault grounds (insupportability) or fault-based grounds, including adultery, cruelty, and abandonment, and fault can affect how property is divided.

Pre-2015 Property & the Community Property Timeline

One complexity that arises in some same-sex divorces involves property acquired before the marriage was legally recognized. Only assets accumulated during the legally recognized marriage period typically count as community property. Property purchased or built before 2015, or before the couple’s legal marriage date, may be treated as separate property unless a common law marriage can be established retroactively. Some Texas courts recognize informal marriages based on proof of intent and a history of cohabitation as spouses; others strictly apply the marriage license date. Documentation of the relationship timeline can be material to how property is categorized and divided.

Divorcing in Texas After a Marriage in Another State

Couples married in another state can divorce in Texas if they meet the standard residency requirements. The Respect for Marriage Act requires all states to recognize valid same-sex marriages from other states, so the origin of the marriage certificate doesn’t prevent filing in Bell County.

Child Custody & Parentage in Same-Sex Divorce

Texas child custody law centers on conservatorship. Joint Managing Conservatorship, which means shared decision-making authority, is the default presumption under Texas law. Sole Managing Conservatorship may be ordered when circumstances such as family violence or neglect are present. In all custody matters, courts apply the best interests of the child standard, weighing each child’s emotional and physical needs, each parent’s ability to provide care, and any history of family violence.

In same-sex divorces, the threshold question is whether both spouses are legally recognized parents under Texas law. A non-biological parent who didn’t formally adopt the child during the marriage may need to establish legal parentage before a court will consider conservatorship rights. If a spouse gave birth to a child during the marriage, a separate parentage determination may be required before the divorce can be finalized. Legal documentation, including adoption papers, acknowledgments of parentage, or court-ordered parentage determinations, strengthens a non-biological parent’s position in custody proceedings.

We handle contested custody matters as part of same-sex divorce representation in Bell County. Child support in Texas is calculated based on the paying parent’s net income and the number of children, and that formula applies equally regardless of the parents’ gender or the structure of the marriage.

Military Same-Sex Divorce Near Fort Cavazos

Same-sex couples with one or both spouses on active duty face an additional layer of legal complexity. Young Law Firm has direct experience working through military same-sex divorce with active duty and veteran clients in the Fort Cavazos region, and the issues that arise span several distinct legal frameworks.

Active-duty service members are protected under the Servicemembers Civil Relief Act (SCRA), which may allow them to request a postponement of divorce proceedings when military service materially affects their ability to participate, including during deployment. Military retirement benefits are governed by the Uniformed Services Former Spouses’ Protection Act (USFSPA), a federal law that allows Texas courts to award a portion of military retirement pay to a non-military spouse. Residency requirements for filing may also be more flexible for service members, who may have the option to file in the state where they’re stationed, where they claim legal residence, or where their spouse resides. Custody and parenting plans in military divorce cases often require provisions that account for deployment schedules and potential relocation orders, and health care coverage under TRICARE may be affected depending on the length of the marriage and years of military service.

Why Same-Sex Divorce Clients Choose Young Law Firm

Barbara Schwarz Young earned her law degree from Baylor University School of Law in 1989 and has practiced continuously in Texas since then, over 35 years of courtroom and negotiation experience built in Central Texas courts. Her Board Certification in Family Law from the Texas Board of Legal Specialization is held by a small percentage of practicing attorneys in Texas and requires passing a written exam, demonstrating substantial involvement in family law, and receiving favorable evaluations from attorneys and judges. She has also served as a director for the State Bar of Texas and currently serves as a trustee of the Texas Bar Foundation, peer-appointed roles that reflect how the broader legal community views her standing.

Prepared for the Courtroom

We prepare every case as if it will go to trial. Many family law matters resolve before reaching a courtroom, but that preparation can also position a client for a stronger position at the negotiation table. When a case does go before a judge, we’re ready. Other attorneys in Central Texas refer clients to us specifically for litigation, and those referrals reflect firsthand observation of how we handle cases that require serious courtroom advocacy.

Clear Communication & Lasting Client Relationships

You won’t be left guessing where things stand. From the first consultation, we walk through your options in plain language, without jargon. Past clients have returned to us years later for custody modifications, support adjustments, and new legal matters because the relationship built during the original case carried real weight. Young Law Firm has received the Martindale-Hubbell Client Champion recognition, awarded based on the volume and quality of verified client reviews, and reviewers on Avvo, Lawyers.com, and Martindale.com have consistently described our team as professional, responsive, and honest under pressure.

Frequently Asked Questions

What Are the Grounds for Filing a Same-Sex Divorce in Texas?

Texas allows no-fault divorce on the ground of insupportability, meaning the marriage has become insupportable due to conflict or discord with no reasonable expectation of reconciliation. Fault-based grounds, including adultery, cruelty, and abandonment, are also available and can affect property division and spousal maintenance.

How Is Child Custody Determined in a Same-Sex Divorce?

Texas courts apply the best interests of the child standard, considering emotional and physical needs, each parent’s ability to provide care, and any history of family violence. Non-biological parents may need to establish legal parentage before the court will address conservatorship rights, and documentation such as adoption papers or court-ordered parentage determinations strengthens that position. We work closely with clients to develop custody arrangements that reflect the parenting roles established during the marriage, including visitation terms.

What Should I Know About Property Division in a Same-Sex Divorce?

Texas is a community property state. Assets acquired during the legal marriage are generally divided equitably. Property acquired before the marriage was legally recognized may be treated as separate property, and the relationship timeline can matter significantly. Agreements such as prenuptial agreements and separate property claims also influence how the marital estate is divided.

Is Spousal Maintenance Available in a Same-Sex Divorce?

Spousal maintenance may be available when one spouse lacks sufficient income or property to meet their minimum reasonable needs and the other has the ability to pay. Qualifying circumstances under Texas law include marriages of 10 or more years where one spouse can’t support themselves, and cases involving family violence. Duration and amount vary based on the specific facts of the case.

Can We Divorce in Texas If We Were Married in Another State?

Yes. Under the Respect for Marriage Act and Texas recognition of valid out-of-state marriages, couples married elsewhere can divorce in Texas if at least one spouse has lived in Texas for six months and in Bell County for at least 90 days before filing.

Talk to a Same-Sex Divorce Attorney in Temple

Whether your case is straightforward or involves contested custody, complex property division, or military benefit questions, Young Law Firm has the credentials, courtroom experience, and familiarity with Bell County courts to represent you. We offer a free initial consultation so you can discuss your situation before making any decisions.

Contact us today at (254) 774-1996 to schedule a free consultation with a same-sex divorce lawyer in Temple.