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Same-Sex Divorce and Family Law Services in Houston

Same-Sex Divorce and Family Law Services in Houston

  • Same-Sex Couples in Texas

Understanding Same-Sex Divorce in Houston

Since the landmark Supreme Court decision in 2015 legalizing same-sex marriage across the United States, LGBTQ+ couples in Texas have the same legal rights to marry and divorce as heterosexual couples. However, the process of same-sex divorce in Texas can present unique challenges, especially when it comes to issues like child custody, division of property, and spousal support. At The Renken Law Firm, we provide experienced, compassionate legal representation to guide you through these complexities and ensure your rights are fully protected.

Whether the divorce is contested or uncontested, our firm will guide you through every step of the process, from filing the initial petition to finalizing the divorce decree. We also offer mediation services to help couples resolve their disputes amicably, which can result in a quicker and less costly divorce process. Our goal is to help you reach a fair resolution while minimizing the emotional toll on you and your family.

Key Considerations in Same-Sex Divorce

  1. Division of Property and Assets
    One of the most significant challenges in same-sex divorce cases is determining the division of marital assets and debts. Texas is a community property state, meaning that any property acquired during the marriage is subject to equal division between spouses. However, same-sex couples often face additional complications when determining how long the marriage has lasted, particularly if they were together for many years before the 2015 Obergefell decision. The court may need to determine whether assets acquired before the legal marriage should be treated as community or separate property, and this can impact the division of wealth in a divorce.
    At The Renken Law Firm, we are experienced in advocating for fair property division for same-sex couples. We will work to ensure that all relevant factors are considered, such as the length of the relationship before marriage, to protect your financial future.
  2. Child Custody and Visitation Rights
    Child custody is often one of the most contentious issues in any divorce, and it can be particularly complex in same-sex marriages. In many cases, only one spouse may be the biological parent, while the other spouse may not have legal parental rights if they did not complete a second-parent adoption. This can lead to disputes over custody and visitation rights.
    If you are a non-biological parent, it is crucial to work with an experienced LGBTQ+ family law attorney who can help you secure your parental rights. Our firm is dedicated to ensuring that both parents’ relationships with their children are protected and that custody arrangements are in the best interest of the child.
  3. Spousal Support (Alimony)
    In Texas, spousal support (also known as alimony) may be awarded in a divorce if one spouse can demonstrate that they have a need for financial assistance and that the other spouse can afford to provide it. In same-sex divorces, the length of the marriage is a key factor in determining eligibility for spousal support. However, as with property division, the length of the relationship prior to legal marriage may be a point of contention.

The Renken Law Firm will advocate for a fair spousal support arrangement, taking into account the financial circumstances of both parties, the duration of the relationship, and each spouse’s contributions to the marriage. Whether you are seeking spousal support or trying to limit your obligation to provide it, we can help ensure that your financial rights are protected.

Adoption, Custody, and Parental Rights for Same-Sex Couples

Beyond divorce, same-sex couples often encounter legal challenges related to their parental rights. In Texas, non-biological parents in same-sex marriages must complete a legal adoption process to secure parental rights. If this process is not completed, the non-biological parent may have no legal standing in child custody disputes, even if they have been a primary caregiver.

At The Renken Law Firm, we assist same-sex couples with second-parent adoptions, ensuring that both parents have full legal rights to their children. Whether you are seeking to adopt your spouse’s biological child or are pursuing a joint adoption, we can help navigate the legal process to secure your parental rights. Additionally, if you are facing a custody dispute during a divorce, we will work tirelessly to protect your relationship with your child.

Child Custody and Support Issues in Same-Sex Divorces

In same-sex divorces, child custody and support issues are often complicated by the fact that not both parents may be legally recognized. In situations where only one parent is the biological parent, the non-biological parent may face challenges in securing custody or visitation rights. It is critical for non-biological parents to establish legal parentage through adoption or other means to avoid losing their rights in a divorce.

At The Renken Law Firm, we have extensive experience in helping non-biological parents protect their relationships with their children. Whether through legal adoption, joint custody agreements, or other legal mechanisms, we work to ensure that both parents can continue to play an active role in their children’s lives after divorce.

Child support is another important issue in same-sex divorces, and it operates under the same guidelines as it does for heterosexual couples. The non-custodial parent is typically required to pay child support, and this amount is determined based on factors such as income and the needs of the child. Our firm can assist with establishing, modifying, or enforcing child support agreements to ensure that your child’s needs are met.

Prenuptial and Postnuptial Agreements

For same-sex couples who wish to protect their assets and clarify their financial responsibilities, prenuptial and postnuptial agreements are essential legal tools. A prenuptial agreement is entered into before marriage, while a postnuptial agreement is signed after the marriage. These agreements can address how property will be divided in the event of a divorce, whether spousal support will be provided, and other key financial issues.

The Renken Law Firm can help you draft or enforce a prenuptial or postnuptial agreement, ensuring that your rights and interests are protected. If you are considering a divorce and have an existing agreement, we will work to ensure that it is upheld in court.

Domestic Partnership Agreements and Legal Protections

For same-sex couples who do not wish to marry but still want legal protection, domestic partnership agreements can provide an alternative. These agreements allow couples to outline their financial and property arrangements, as well as address issues like inheritance and medical decision-making. If the relationship ends, a domestic partnership agreement can help prevent costly legal disputes.

Our firm assists couples in drafting and enforcing domestic partnership agreements, ensuring that your relationship is legally protected even if you choose not to marry. Whether you are dissolving a domestic partnership or seeking to protect your assets, we can provide the legal guidance you need.

Legal Challenges Faced by Same-Sex Couples in Texas

Same-sex couples in Texas often face unique legal challenges when it comes to divorce and family law issues, many of which are rooted in the historical denial of marriage rights before 2015. For example, courts may struggle to determine the equitable division of assets if a couple lived together for years before they were legally allowed to marry. This can complicate property division and the allocation of community versus separate property. Additionally, same-sex couples may face hurdles regarding parental rights, especially if both spouses are not legally recognized as parents. Without legal adoption, the non-biological parent’s rights can be challenged, leaving them in a vulnerable position when it comes to custody or visitation.

Another common issue is the recognition of legal agreements made prior to marriage, such as cohabitation or partnership agreements. These agreements may not have the same legal weight as prenuptial or postnuptial agreements, further complicating matters in a divorce. At The Renken Law Firm, we understand these challenges and provide comprehensive legal solutions that are tailored to the needs of same-sex couples, ensuring they receive fair treatment and protection under Texas law.

Choosing The Renken Law Firm for Your Same-Sex Divorce and Family Law Needs

Navigating the complexities of same-sex divorce and family law requires a legal team with experience, compassion, and a deep understanding of the unique challenges LGBTQ+ couples face. At The Renken Law Firm, we are committed to providing personalized, client-focused legal services to same-sex couples in Houston. Whether you are facing divorce, adoption, or another family law issue, we focus on providing tailored legal strategies to safeguard your interests and advocate for a fair resolution.

Our compassionate approach ensures that every client feels heard and supported throughout the process. We understand that legal matters in the LGBTQ+ community require sensitivity and specialized knowledge, and we’re prepared to address all the nuances that may arise in your case. With a proven track record of handling a wide range of family law cases, we are well-equipped to guide you toward the best possible outcome.

From mediation to courtroom advocacy, we use every tool at our disposal to achieve resolutions that align with your goals. Contact us today to schedule a consultation and learn how we can assist you with your family law needs.

Renken Law Firm, PLLC
11500 Northwest Fwy #586
Houston, TX 77092
(713) 956-6767
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Renken Law Firm knows how difficult and painful dealing with these issues can be. We will take your case, and all the turmoil that comes with it, very seriously. You can trust us to not only be relentless in our pursuit of the best possible solution for you, but we will also take into consideration how much this process is both emotionally and financially impacting you. Renken Law Firm can be relentless, but you can always trust us to listen.

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Parents are also obligated to provide health and dental insurance for their children in Texas.The court can order either parent to enroll a child on an existing health insurance policy but customarily orders the child support obligor to do so or to reimburse the cost of the health and dental care premium to the primary custodian of the child.While the terms alimony and spousal maintenance are often used interchangeably, they are very different things under Texas law.They both achieve the same goal during a divorce, however.They both allow one spouse to receive financial support from the other.Renken Law Firm understands the distinction between alimony and spousal maintenance.Our understanding of the difference between these two means of financial support allows us to pursue an outcome that best meets your needs.Along with her ability to aggressively litigate Family Law matters, Dawn Renken is a Licensed Mediator through ADR Services International Inc, since 2014. Traditionally, mediation has been shown to be an excellent option for couples seeking an amicable divorce who ultimately have compatible goals for property settlements and custody disputes.Mediation promotes a compromise that works well for both parties, while making it possible to avoid court appearances and additional attorney’s fees.What is Divorce Mediation?Divorce mediation is a private process in which a neutral third person (a mediator) helps divorcing couples reach a mutually satisfactory settlement of the issues in their case, including child support, custody and visitation, alimony, and property division.A mediator does not act as a judge, arbitrator, or counselor, but assists the spouses in reaching a voluntary agreement.Along with her ability to aggressively litigate Family Law matters, Dawn Renken is a Licensed Mediator through ADR Services International Inc, since 2014. Traditionally, mediation has been shown to be an excellent option for couples seeking an amicable divorce who ultimately have compatible goals for property settlements and custody disputes. Mediation promotes a compromise that works well for both parties, while making it possible to avoid court appearances and additional attorney’s feesDivorce mediation is an affordable and private divorce option, mediation also has a proven history for helping families resolve disputes without the need for a trial. Taking your case to trial typically will increase the amount of time, money, and stress involved in your divorce.While no divorce method is completely stress free, divorce mediation allows both parties to have their needs represented. The divorcing couple will be given the chance to work together to reach an amicable resolution in their case, instead of allowing a judge to have the final say.Dawn Renken, became a licensed mediator through ADR Services International Inc. in 2014. Since this time, Attorney Renken has been working as a Cypress divorce mediation expert with couples to help them work together to reach divorce agreements that are mutually beneficial for their long term needs.The role of the mediator is to simply ensure all important matters are discussed and dealt with, as well as ensure neither party is using bully tactics in order to get the other party to agree to the terms they desire for their divorce. Your divorce agreement is only finalized when both parties agree to the terms of the divorce and sign off on it. If you are unable to work together to reach an amicable divorce agreement, mediation will not be a viable method for divorce. If you and your spouse are actively looking to work through your divorce together, Renken Law Firm can help by offering affordable divorce mediation in Houston, TX.In addition to traditional divorce methods, we excel in providing the best divorce mediation services in Houston, TX. Divorce mediation offers a more cost-effective and private approach, allowing the divorcing parties to determine the final terms of their divorce. To explore this option further, we encourage you to contact our office and learn more about our mediation services.Renken Law Firm understands that many individuals hesitate to initiate the divorce process due to uncertainty and concerns about excessive legal fees. We assure you that our Houston, TX team is dedicated to your success and has a proven track record of achieving client satisfaction.We recognize the emotional toll that divorce takes on families, and we strive to make the process as smooth as possible. Whether your case involves mediated or contested divorce, our attorneys will provide unwavering support every step of the way until your divorce is finalized. Take the first steps toward filing for divorce in the state of Texas by scheduling a consultation with our legal team at Renken Law Firm today.Is Texas an At-Fault State?In the state of Texas, divorce proceedings do not require spouses to provide a specific reason or cause for seeking the divorce, making it a “no-fault” state. However, it is important to note that if one spouse is at fault for the breakdown of the marriage, it may be considered by the court when dividing property. This means that the at-fault party may be responsible for providing more to the other spouse. Although fault grounds are not mandatory, it is advisable for spouses to include them in their divorce petition.At Renken Law Firm, our mission is to advocate for families and help them make the best decisions for their unique circumstances. Our top priority is protecting the best interests of any children involved in the divorce. Our dedicated legal team is committed to achieving the best possible outcomes for you and your family. Whether you are contemplating filing for divorce or currently going through the process, contact Renken Law Firm for assistance. We will guide you through this challenging time and ensure that you consider all significant factors that may impact your finances or family dynamics. Reach out to us today to learn more about our comprehensive family law services and how we can support you.The Renken Law Firm has worked hard to earn a reputation for efficiently practicing diligent and focused legal services. During the course of our representation, you can expect expert legal advice in the areas of divorce, separation planning, custody disputes, child support cases, grandparents rights, prenuptial agreements, attorney general cases and enforcement actions.Receive prompt service and protect your rights by contacting us to schedule an appointment. In times of personal crisis we understand that you want answers. As your legal counsel, this firm will provide you with answers and options. Additionally, we will guide you through what you can expect during the process and help you to understand your options and rights as mandated by Texas Law. Our knowledge and experience has provided us with a strong base of strategies and methods to assist you to reach a successful resolution. Once retained, we invite you to demand and expect your case to be handled in an organized, timely, effective and cost-efficient manner. Step 1: Consult Contact Renken Law Firm to schedule your no obligation one hour consultation to evaluate your case. Step 2: Prepare You’ve never been through this. We understand that. We are here for you. Step 3: Negotiate Whether informal negotiation or mediation, you can trust Renken Law Firm’s decades of experience. Step 4: Litigate When negotiation fails, Renken Law Firm is prepared to fight for you at trial with experienced litigators. Your family law case may be the most important legal issue you ever face in your life. It can also be the most emotionally and financially challenging life event you experience. Renken Law Firm knows how difficult and painful dealing with these issues can be. We will take your case, and all the turmoil that comes with it, very seriously. You can trust us to not only be relentless in our pursuit of the best possible solution for you, but we will also take into consideration how much this process is both emotionally and financially impacting you. Renken Law Firm can be relentless, but you can always trust us to listen. © 2023 The Renken Law Firm. All rights reserved. Our comprehensive family law services include the resolution of divorces through litigation, divorce mediation or collaborative law, depending on the specific details of your case. We can take on all matters related to Divorce Practice or dissolution of a common law marriage, including: We are committed to aggressively and efficiently advocating for your rights . We customize our representation to the needs of your case. Throughout the process, we will keep you involved. We will provide honest information about the progress of your case and strive to achieve the best possible outcome. Enforcing Texas Orders Renken Law Firm, PLLC represent clients seeking to enforce the terms of a divorce decree or custody order. You may need to seek to enforce an order when the other parent has failed to pay their court ordered child support or if you have been denied visitation with your child. We have extensive experience with both seeking relief for these types of issues and also defending against these types of cases. Having an experienced lawyer who has handled both sides of the issue provides you a unique attorney who can reasonably anticipate what the other side may attempt to do. If the non-custodial parent refuses to pay court ordered child support or you have been denied visitation, contact us. If you have been accused of nonpayment or denying the opposing party visitation, a possible contempt outcome is jail time. Do not go to court alone, contact Renken Law Firm, PLLC. Enforcement for Delinquent Child Support Child support arrearages not only can lead to wage garnishment, property liens and loss of tax refunds, they can also result in loss of your license to drive, fish, hunt, sell real estate, teach or practice medicine. Whether your problem involves modification or enforcement of family law rights, our lawyers can advise and represent you. Enforcement / Contempt of Court Actions When a parent refuses to honor visitation orders, fails to pay child support or fails to comply with other court orders, the parent is in contempt of court. In most circumstances, it is important that a child is supported by and has meaningful relationships with both parents. That is why it is so important to follow custody, visitation and support arrangements. Failure to do so can jeopardize the child’s well being. If a parent willfully and recklessly avoided complying with orders when it was feasible to do so, the parent may be charged criminally with contempt and could face potential jail time, fines and other consequences. Our attorneys help clients pursue court orders of enforcement. We also defend against actions where enforcement or contempt cases are brought against you unjustly or for spite. Child Support Enforcement Actions If you are facing a child support enforcement action initiated by the Attorney General, Renken Law Firm, PLLC can answer the complaint and try to transfer your case to family court, where your options for a realistic payment plan will be somewhat broader. If you are the parent trying to enforce the terms of a divorce or paternity child support order, we can help ensure that your right to payment is brought current as quickly as possible.