Same-sex marriages were nationally recognized by law in 2015, due to a Supreme Court ruling. All couples in all states must have equal rights when it comes to marriage. 

The opposite side of this coin, of course, is that same-sex couples now may be interested in learning more about their divorce options, as well. After all, many of those who married in 2015 are now nearing the infamous “seven-year-itch” in 2022. Will that lead to a rise in same-sex divorce cases? Maybe. Either way, same-sex couples approaching divorce may have questions.

The questions couples may have

Since this is all so new, same-sex couples may have a lot of questions about the process. Some of them may include:

• How is a same-sex divorce different? How is it the same?
• Do assets accumulated before marriage count as marital assets if the couple only did not wed because the law didn't allow it?
• What rights do same-sex couples have in terms of child custody? What if only one parent is a biological parent and the other is not?
• Is a same-sex divorce going to take longer?
• Can same-sex couples who got married in other states — back before it became legal in Texas — still get a divorce in Texas?
• What is the best way to protect their legal rights?
• How can they focus on the future during the divorce? Are there any special considerations, or is it generally the same as it is for opposite-sex couples?

All told, it is critical for any couple to know as much as they can about their legal options and their rights as they move toward divorce. The more you know, the less intimidating the process of divorce can be.