Same Sex Divorce Attorney for Houston Couples
Houston Divorce Lawyer Enforces LGBT Rights
John K. Grubb is a qualified Houston same sex divorce attorney who knows how to assist people with issues involving same sex marriage, child custody or cohabitation agreements.
Until recently, a domestic partnership was the only option for members of the LGBT community to establish legal rights as a couple in Texas. However, the United States Supreme Court ruled that marriage is a fundamental right for all couples, including LGBT citizens in same sex marriages. This changed Texas law and allowed couples to finally have their relationships recognized under state and federal law. Therefore, if you are currently living with your partner, you may wish to establish your rights as a couple through marriage or a domestic partnership. In that case, you can then enter into a marriage or cohabitation contract. This will give you the same rights and responsibilities as any other married or cohabitating couple .
Consider Counseling Before Filling for Divorce
Just as same sex marriage is now a reality for LGBT couples in Texas, so is divorce. Divorce is really nothing more than a “survival option.” When you reach the decision that you and your spouse can no longer continue your relationship, and to continue that relationship is going to destroy you, and you wish to survive, then it is time to proceed with a divorce. All too frequently one spouse threatens the other spouse with divorce in the heat of an argument. People frequently make light-hearted comments or jokes about divorce. Our society has now made divorce at least “acceptable.” However, as a practical matter, while most people may talk about divorce, it is only when they have come to the conclusion that they can no longer survive in the existing relationship do they proceed with a divorce.
I encourage all clients to seek counseling prior to reaching a decision about divorce. First, if both parties are willing to seek counseling, in many cases, experienced marriage counselors can salvage a marriage relationship. If only one spouse will seek marriage counseling, there are a few cases where a marriage counselor may be able to assist that spouse in changing the relationship enough so to hold the marriage together. Even if a marriage counselor is not able to “save” your marriage, my experience is that people who have gone to counseling have a better understanding of the reasons for divorce. Additionally, they have a better understanding of their own emotional needs, have an easier time going through a divorce and come out of a divorce with the least amount of damage.
While I am concerned about your emotional and personal needs, law school did not train me to provide you with counseling services. Also, while my staff desires to help you, they do not have training to provide you with counseling. Since divorce is one of life’s most stressful events and there are many changes in your personal life, I strongly urge my clients to seek professional counseling.
How to Initiate a Texas Same Sex Divorce
Texas does not have legal separation. Many people separate for short periods of time to sort out their affairs and evaluate the possibility of reconciliation. I recommend against any long term separations because of the legal consequences. In Texas, you are married until a Judge says divorce granted.
There is no legal requirement that you separate at the time of the filing of a Petition for Divorce. However, I strongly recommend it. If possible, you should consult with an attorney prior to separation.
The first step to starting a Texas same sex divorce is filing a Petition for Divorce with the Court. The Petition for Divorce states skeletal information. This includes date of marriage, names, children’s names, social security numbers, addresses, birthdates, grounds for divorce, etc.
What is a Cohabitation Agreement?
A cohabitation agreement sets forth the rights and liabilities of each individual regarding jointly owned property or debts. Such an agreement allows the couple to fairly divide property and other responsibilities should the couple dissolve the domestic partnership. Cohabitation agreements are similar to premarital agreements and Houston courts treat them similarly. While cohabitation agreements may not be the same as formal marriage, they protect your rights just as they do for heterosexual cohabitating couples.
Houston Same Sex Divorce Attorney Supporting the LBGT Community Throughout Texas
John K. Grubb & Associates, P.C. helps same-sex couples with domestic partnerships, as well as with divorce or dissolution of cohabitation. Please contact the Texas same sex divorce attorneys at our law firm now.