Austin Same Sex Divorce Attorney

Ending a same-sex marriage in Texas follows the same statutes as any other divorce, yet the legal questions that matter most are often the ones the statutes never mention: how long the marriage really lasted, who is legally a parent, and whether property bought before the wedding date is community property at all. The Law Office of Oprea & Weber is a boutique divorce and family law firm that handles divorce, custody, support, and property division for clients in Austin, Travis County, and throughout Central Texas, and our approach to a same sex divorce attorney engagement is built around those questions.

Many same-sex couples in Austin were together for a decade or more before they could legally marry, and some built a household, bought a home, and raised children long before the paperwork existed. When that relationship ends, the date on the marriage certificate and the real length of the partnership can tell two different stories. Courts divide the community estate in a “just and right” manner, and the way that story is told, with documents and a clear financial timeline, can change what each spouse walks away with.

Parentage is the other pressure point. A child born during a relationship, adopted by one partner, or conceived through donor insemination or surrogacy can raise legal questions that a differently structured family would never face. Sorting out who holds parental rights, and documenting that correctly in the decree, is often the most important work in the case.

What Sets a Same-Sex Divorce Apart From the Standard Case

The divorce process itself is identical. Texas requires that one spouse has lived in the state for six months and in the filing county for 90 days, and only one spouse has to meet those requirements. The court cannot grant the divorce until the 60th day after the petition was filed, and the clock runs from filing, not from service on the other spouse. Agreement between spouses does not shorten it; the only exceptions involve family violence, such as a conviction or deferred adjudication against the respondent, or an active protective order based on a finding of family violence during the marriage.

What differs is the evidence and the history behind the case. A same-sex couple may have lived as spouses for years before marrying, may have held joint accounts and shared a mortgage during that time, and may have signed private agreements, wills, or powers of attorney meant to fill gaps the law once left open. Those documents do not control the division of property by themselves, but they can matter when a court decides what is fair. Sorting what belongs to the community and what is separate property requires careful tracing, and it is the kind of detailed analysis our attorneys are trained to do.

Some couples also have a question about the marriage date itself. Texas recognizes informal marriage, which can be established by a signed declaration or by proof that the couple agreed to be married, lived together in Texas as spouses, and held themselves out as married. If a couple separated and a proceeding to prove an informal marriage is not started within two years of the separation, the law presumes they never agreed to be married. Whether such a claim exists, and whether it helps or hurts a given client, depends heavily on the facts.

Why Choose Oprea & Weber for a Same-Sex Divorce in Austin

The Law Office of Oprea & Weber is a boutique divorce and family law firm serving clients in Austin and across Travis, Williamson, Hays, and Bastrop Counties. Kevin Weber, Attorney, and Karen Oprea, Attorney, both graduated magna cum laude from the University of Michigan Law School. Kevin trained in complex commercial litigation and negotiation at Latham & Watkins in Manhattan, a background that translates directly to cases with intertwined finances, closely held businesses, or years of commingled assets. Karen has briefed and argued cases before the Fifth Circuit Court of Appeals, the Texas Court of Criminal Appeals, the Texas Courts of Appeals, and the New York appellate courts, which sharpens the legal analysis behind any position we take on unsettled questions.

Cases that involve parentage or a long pre-marriage relationship benefit from lawyers who write and research at a high level, because the answer is not always found in a standard form. We keep our caseload intentionally manageable, and your attorney handles your case personally from the first consultation to the final decree. You are not passed to layers of staff or junior associates, and you get direct access to the lawyer who knows your file. Clients describe the firm as knowledgeable, thorough, and caring, and several have noted that they felt supported and heard in a painful process.

We prepare every case as though it may go to trial, then pursue cooperation wherever it is realistic. Kevin both mediates family law disputes and represents clients in mediation, and the firm offers collaborative, cooperative, and mediated divorce for couples who want to resolve things privately and respectfully. When a spouse will not negotiate in good faith, that same preparation lets us advocate firmly in court.

Issues That Tend to Decide a Same-Sex Divorce

Length of the Relationship vs. Length of the Marriage: Years spent together before the wedding can shape arguments about fairness in property division and how assets were built, even though the marriage date controls what counts as community property.
Community and Separate Property: A home purchased before the marriage, retirement accounts that grew across both periods, and gifts or inheritances all require tracing to decide what belongs to the community estate.
Parentage of Children: Children born through assisted reproduction, adopted by one spouse, or raised by both partners raise questions about who holds legal parental rights, and those answers must be clear before custody or support is addressed.
Conservatorship and Possession: Texas uses conservatorship and possession and access in place of custody and visitation. Newer orders for parents living within 50 miles of each other default to the Expanded Standard Possession Order, which adds Thursday overnights and extends weekends through Monday morning.
Child Support: Guideline support is a percentage of the paying parent’s net monthly resources, 20 percent for one child and 25 percent for two, applied up to a cap that the state adjusts periodically.
Spousal Maintenance: Post-divorce support under Chapter 8 of the Family Code is limited. Eligibility turns on grounds such as a marriage of at least 10 years with an inability to earn enough for minimum needs, a disability, or family violence, and the monthly amount is capped at the lesser of $5,000 or 20 percent of the payor’s average monthly gross income.
Non-Parent Standing: Texas narrowed who may seek custody or possession as a non-parent, such as a stepparent, so a partner who is not a legal parent should address that status before a relationship ends.
Businesses and Retirement Accounts: Companies started together, professional practices, and long-held retirement and investment accounts often require valuation and careful division.

What to Do When You Are Considering a Same-Sex Divorce in Travis County

Start by collecting documents before anything changes between you and your spouse. That means the marriage certificate, deeds, mortgage and lease records, tax returns, bank and retirement statements, and anything showing when the two of you began sharing finances. If you have adoption papers, a birth certificate, an acknowledgment of paternity, or a court order concerning a child, gather those too. They establish parentage, and parentage drives everything about custody and support.

Before filing, confirm the residency rules are met: six months in Texas and 90 days in the county where you file. For most Austin residents that means Travis County, where family cases are heard in the district courts at the Travis County Civil and Family Courts Facility in downtown Austin, which includes courts such as the 200th, 345th, and 126th. Contested hearings and trials there are generally held in person unless the parties agree otherwise or the judge directs otherwise, and the courts publish a standing order for family law cases that governs conduct while a divorce is pending. Read it, because it applies to both spouses from the moment suit is filed.

If you live in a neighboring county, the case is filed there instead. Williamson County family cases go through the district courts in Georgetown, Hays County cases through the District Clerk in San Marcos, and Bastrop County cases through the district courts in Bastrop. Filing in the wrong place wastes time, so we confirm the county early.

Avoid the common mistakes: moving money out of joint accounts, running up debt, posting about the case online, or discussing the details with the children. Instead, ask for temporary orders if you need stability on who stays in the home, who pays which bills, and where the children will live while the case is pending. Remember also that the 60-day wait starts when the petition is filed, so filing sooner does not let you skip it, but it does start the clock. If safety is a concern, tell your attorney at the first meeting, since a protective order can change both the timeline and the strategy.

Modifications and Enforcement After a Same-Sex Divorce

The decree is not always the end. Child support can be modified when three years have passed since the order and the monthly amount differs from the guideline amount by 20 percent or $100, or earlier when circumstances have materially and substantially changed. Changing conservatorship or possession requires a material and substantial change and a finding that the change serves the child’s best interest. A child who is 12 or older can tell the judge in chambers which parent he or she prefers to have the exclusive right to designate the primary residence, which is one recognized ground for changing it. Because careful drafting at the decree stage prevents most of these fights later, we treat the final decree as the foundation rather than a formality.

Texas Same-Sex Divorce Questions Answered

Is a same-sex divorce handled differently from any other divorce in Texas?

The procedure and the statutes are the same. The differences lie in the facts: the length of the relationship before marriage, the way a household and finances were built, and how children came into the family and who is their legal parent.

How long does a same-sex divorce take in Austin?

The court cannot grant a divorce until the 60th day after the petition is filed. An agreed case can be finalized soon after that, while contested cases involving children, businesses, or significant assets often take many months, depending on the spouses and the court’s schedule.

Do we both need to live in Austin to file in Travis County?

No. Only one spouse must meet the residency rules: six months in Texas and 90 days in the county where the case is filed.

Is property we owned before the wedding community property?

Generally, property owned before the marriage is separate, while property acquired during the marriage is community property. When a couple lived together for years before marrying, tracing what was bought when, and with whose funds, becomes central to the case.

How is the community estate divided?

Texas courts divide it in a manner that is just and right, which does not always mean an equal split. The court looks at the circumstances of the marriage and the parties, and a negotiated agreement can set its own terms.

Can I get spousal maintenance after a same-sex divorce?

Possibly, but Texas limits it. You must lack enough property to meet your minimum reasonable needs and fit a recognized ground, such as a marriage of at least 10 years and an inability to earn enough, a disabling condition, or family violence. Duration is capped based on the marriage’s length, and the monthly amount cannot exceed the lesser of $5,000 or 20 percent of the payor’s average monthly gross income.

My spouse is the legal parent and I am not. What are my rights?

That depends on how the child came into the family and what legal steps were taken. Texas recently narrowed standing for non-parents seeking custody or possession, so your position turns on your documented legal status. Bring every adoption record, court order, and parentage document to your consultation.

Can we use a collaborative or mediated divorce?

Yes, if both spouses are willing to work toward agreement. Collaborative, cooperative, and mediated divorce can be faster and more private than litigation, and Kevin Weber both mediates and represents clients in mediation.

We were together for years but never formally married. Can we divorce?

If you meet the requirements for an informal marriage in Texas, meaning an agreement to be married, living together here as spouses, and holding yourselves out as married, then a divorce may be possible. A proceeding to prove it must begin within two years of separating or the law presumes no agreement existed. These claims are fact-intensive, so speak with an attorney early.

Can a child’s preference decide where the child lives?

Not alone. A child 12 or older may tell the judge in chambers whom he or she prefers to have the right to designate the primary residence, and that is one ground for seeking a modification, but the court still must find a change serves the child’s best interest.

Is a protective order affected by a pending divorce?

A protective order issued against a party to a divorce lasts until the second anniversary of the signing of the final decree, and it can be longer in other circumstances. Orders otherwise generally last up to two years and can be renewed by a new application filed no more than 30 days before expiration.

Serving Same-Sex Divorce Clients Across Austin and Central Texas

We represent clients across Austin, from Downtown and East Austin through Hyde Park, Mueller, Clarksville, Zilker, Barton Hills, Bouldin Creek, Travis Heights, Tarrytown, and the Windsor Park area, and into North Austin, Crestview, Allandale, Brentwood, and Cherry Creek. We also serve families in the surrounding Travis County communities of Pflugerville, Manor, Lakeway, Bee Cave, West Lake Hills, Rollingwood, and Del Valle.

To the north, our work reaches Williamson County, including Round Rock, Cedar Park, Georgetown, Leander, Hutto, Taylor, and Liberty Hill. In Hays County we serve clients in San Marcos, Kyle, Buda, Dripping Springs, and Wimberley, and in Bastrop County we help families in Bastrop, Elgin, Smithville, and Cedar Creek. Whatever county your marriage ends in, the same careful attention to property, parentage, and children applies.

Talk With an Austin Same-Sex Divorce Attorney About Your Next Step

If your marriage is ending, the choices you make early, about what to document, where to file, and how to approach your spouse, often matter more than anything that happens later. Our team can walk you through your options in plain language and build a plan around your family’s circumstances and goals. Call The Law Office of Oprea & Weber to schedule a consultation with an Austin same-sex divorce attorney who will handle your case personally from start to finish.