Your Right to Divorce is Protected in North Texas
Since the landmark Obergefell v. Hodges decision on June 26, 2015, same-sex couples have gained the equal right to both marry and divorce anywhere in the United States. If you’re living in Frisco or North Texas and considering divorce, you have the same legal rights as any other married couple. Both Collin and Denton Counties must grant divorces to same-sex couples following identical procedures.
You may feel uncertain about your rights or worried about discrimination during the divorce process. These concerns are valid, especially if you were together for years before marriage equality became law, or if you’re dealing with child custody or property division. Texas law now treats all divorcing couples equally.
? Pro Tip: Start gathering important documents now, including your marriage certificate, any domestic partnership or civil union documents from before your marriage, and financial records from both before and after your wedding date.
Ready to navigate your divorce with confidence? Scroggins Law Group is here to ensure that your rights are protected every step of the way. Reach out today at 214.469.3100 or feel free to contact us for personalized assistance.
Understanding Your Divorce Rights as a North Texas Divorce Lawyer Would Explain
When the Supreme Court decided that "same-sex couples may exercise the fundamental right to marry," they established that this right extends equally to divorce proceedings. Under the Due Process and Equal Protection Clauses of the Fourteenth Amendment, you cannot be denied the right to dissolve your marriage based on sexual orientation.
Before 2015, same-sex couples faced significant hurdles ending their marriages. If a couple married in California but lived in Texas, they couldn’t divorce here because Texas didn’t recognize their marriage. Today, those barriers are eliminated. Whether you married in Massachusetts, moved to Texas, or got married here after 2015, you can file for divorce in Collin or Denton County if you meet standard residency requirements.
Property acquired before marriage is generally separate property, though it can become subject to division if commingled with marital assets or if a common-law marriage can be proven that extends the legal marriage date. If you had a domestic partnership or civil union before marrying, you might need to terminate that relationship as well.
? Pro Tip: Document your relationship timeline, including when you began living together, any commitment ceremonies, domestic partnership registrations, and your legal marriage date. This information can be crucial for property division and support calculations.
The Same-Sex Divorce Process Timeline in Collin and Denton Counties
Filing for divorce as a same-sex couple follows the same timeline and process as any other Texas divorce. Here’s what to expect:
- Residency Requirements: At least one spouse must have lived in Texas for six months and in either Collin or Denton County for at least 90 days before filing
- Filing the Petition: Submit your Original Petition for Divorce to the district court, paying filing fees of approximately $300-350
- 60-Day Waiting Period: Texas law requires a mandatory 60-day "cooling off" period from the filing date before a divorce can be finalized
- Property Division: Texas is a community property state, meaning assets acquired during the legal marriage are community property and are divided in a manner the court deems "just and right"—considering factors such as earning capacity, needs, and contributions during the marriage. Property acquired before the legal marriage is generally separate property and is not subject to division unless commingled or a common-law marriage is proven.
- Child Custody Determinations: If you have children together, custody decisions follow the "best interests of the child" standard regardless of parents’ gender
- Final Decree: Once all issues are resolved through agreement or trial, the court issues a Final Decree of Divorce
For couples needing official records, Denton County makes divorce records available online at their Justice1 public access system.
? Pro Tip: Texas courts cannot finalize a divorce before the 60-day waiting period expires, even if both parties agree on all terms. Use this time productively to gather financial documents and plan for your post-divorce life.
Finding Resolution Through Experienced Legal Representation
Achieving a fair divorce resolution requires understanding both your rights and the specific challenges same-sex couples may face. While the law treats all divorces equally, practical considerations like determining relationship length for spousal support or addressing parental rights for non-biological parents require careful attention. The attorneys at Scroggins Law Group have extensive experience helping same-sex couples through divorce proceedings in both Collin and Denton Counties.
Working with a North Texas divorce lawyer who understands LGBTQ+ family dynamics can significantly impact your case outcome. Issues like dividing property accumulated during years of cohabitation before legal marriage, or ensuring both parents maintain relationships with children regardless of biological connection, require thoughtful legal strategies.
The resolution process doesn’t have to be adversarial. Many same-sex couples successfully use mediation or collaborative divorce methods to reach agreements that honor their shared history while allowing both parties to move forward.
? Pro Tip: Consider creating a detailed timeline of your relationship milestones, major purchases, and financial decisions. This documentation helps your attorney advocate effectively for fair property division.
Special Considerations for Long-Term Same-Sex Relationships
Many same-sex couples in North Texas lived as committed partners for years or decades before having the legal right to marry. This extended cohabitation creates unique considerations during divorce. Texas law divides property acquired during the legal marriage as community property and applies a "just and right" standard that considers factors such as earning capacity, needs, and contributions during the marriage. Property acquired before the legal marriage remains separate property and is not subject to division unless the couple can prove a common-law marriage existed during the pre-marriage period, which would extend the legal marriage date. When you consult a lawyer about your situation, they can help identify which assets might be subject to division.
Financial entanglements from years of living together often include jointly purchased homes, shared bank accounts, and retirement savings that predate your legal marriage. Some couples executed domestic partnership agreements or powers of attorney to protect each other before marriage equality. These documents may still have relevance in your divorce proceedings.
Protecting Non-Biological Parental Rights
One particularly sensitive area involves parental rights when children entered the family through adoption, surrogacy, or assisted reproduction. If only one spouse is the biological or adoptive parent, establishing and protecting the non-biological parent’s rights requires careful legal work. Texas courts focus on the best interests of the child, but having proper documentation of your parental relationship, including any second-parent adoptions or parentage orders, becomes crucial.
? Pro Tip: Gather all documents related to your children’s births or adoptions, including any co-parenting agreements, second-parent adoption decrees, or assisted reproduction contracts.
Accessing Court Records and Filing Procedures in Denton and Collin Counties
Both Denton and Collin Counties have modernized their record systems to provide easier public access. In Denton County, you can view marriage and divorce records online through their Justice1 public portal.
To request a certified copy of a Divorce Decree in Denton County, submit a written Record Request Form in person to the District Clerk’s office at 1450 E McKinney Street in Denton, mail to P.O. Box 2146, Denton, Texas 76202, fax to 940-349-5754, or email to dcrecords@dentoncounty.gov.
Understanding Texas Family Code Requirements
The Texas Family Code Chapter 6 – Dissolution of Marriage provides the statutory framework for all divorces in the state. While these statutes don’t distinguish between same-sex and opposite-sex couples, understanding how courts interpret these laws in the context of your unique situation remains important.
? Pro Tip: When gathering records, request certified copies of all important documents. Certified copies carry legal weight for court proceedings and name changes.
Frequently Asked Questions
Common Legal Concerns for Same-Sex Divorce
Same-sex couples often have specific questions about how their divorces will be handled in Texas courts. Below are answers to the most common questions we hear from clients.
? Pro Tip: Write down all your questions before meeting with an attorney to ensure you get all the information you need during your consultation.
1. Will my same-sex divorce be treated differently than an opposite-sex divorce in Collin County or Denton County?
No, your divorce will follow the same legal procedures and standards that apply to opposite-sex couples in the relevant state. Since the 2015 Obergefell decision, all states must grant divorces to same-sex couples on the same basis as opposite-sex couples; however, residency requirements, waiting periods, and other procedural rules vary from state to state, with residency requirements ranging from as little as six weeks to two years depending on the jurisdiction.
2. What if we had a civil union or domestic partnership before getting married in Texas?
You may need to dissolve your civil union or domestic partnership in addition to getting divorced. Some states allow you to handle both in the same proceeding, while others require separate actions. Your Frisco Texas divorce attorney can review your situation and advise on the necessary steps.
3. How are assets we accumulated while living together before marriage handled under North Texas same-sex divorce laws?
Generally, Texas law only divides community property acquired during the legal marriage. Property acquired before marriage remains separate unless commingled with marital assets or a common-law marriage can be proven. The court applies a "just and right" division of community property that considers factors such as earning capacity, needs, and contributions during the marriage.
4. What about parental rights if only one of us legally adopted our children?
Parental rights can be complex when only one spouse has legal parent status. Texas courts focus on the best interests of the child, but establishing legal rights for the non-adoptive parent may require additional steps. Documentation of your parental relationship becomes crucial.
5. How long does a typical same-sex divorce take in Collin County or Denton County?
The timeline mirrors any Texas divorce. At minimum, you must wait 60 days from filing before the divorce can be finalized. Uncontested divorces might conclude shortly after this waiting period, while contested cases can take several months to over a year.
Work with a Trusted Divorce Lawyer
Choosing the right legal representation makes a significant difference in achieving a fair resolution to your divorce. Same-sex couples legal issues FAQ sections on law firm websites can provide initial guidance, but personalized legal counsel ensures your unique circumstances receive proper attention. Look for attorneys who demonstrate genuine understanding of LGBTQ+ family dynamics and have proven track records handling same-sex divorces in North Texas courts.
The path forward may seem challenging, but you don’t have to face it alone. Professional legal guidance helps protect your rights, secure fair property division, and maintain important family relationships.
Feeling uncertain about your rights during a same-sex divorce? Scroggins Law Group is ready to guide you through the process with precision and care. Call us at 214.469.3100 or contact us to start a conversation today.