Divorce gay

If your divorce is uncontested, use the TexasLawHelp guide, Gay need a divorce. We do not have minor children. TexasLawHelp does not currently have forms available for same-sex divorces with children. It is not a good idea to do your own divorce without a lawyer when there has been family violence.

Family violence includes physical violence, sexual assault, and threats of violence. You can apply for a protective order to protect yourself and your children. Your local domestic violence shelter, county attorney office, district attorney office, or Legal Aid office may be able to assist you in obtaining a protective order.

The court can also issue temporary orders that:. Texas has laws that protect victims of family violence whether they are getting a divorce from their abusive partner or not. If you are being abused, please reach out. To locate the shelter and services nearest you, you may call the National Domestic Violence Hotline at For situations involving sexual assault, contact Legal Aid for Survivors of Sexual Assault for legal assistance at Once a marriage exists, whether it is a formal or informal marriage, it can only be dissolved by divorce through the courts, or death of one of the spouses.

Unlike a formal marriage, a party to an informal marriage only has two years from the end of the relationship by death or non-cohabitation to assert a right based on the marriage. After two years, the law presumes that no marriage existed. Texas law does not require fault for the divorce. To file for divorce, only one of you has to gay that the marriage cannot be fixed and there is no chance of reconciliation.

However, you can also file for divorce because the other spouse is at "fault. See Texas Family Code chapter 6. If you marry someone in another state or country, the marriage is also valid and recognized in the United States and Texas. The federal Respect for Marriage Act passed in December requires all states to recognize same-sex divorces from other states.

Because the marriage is recognized here, you will need a divorce to dissolve the marriage. Regardless of where you were married, you can get a divorce in Texas if you or your spouse meets the Texas six-month residency requirement. Texas Family Code Section 6.

10 Interesting Facts About Same Sex Marriage and Divorce

Note for military gay If you are serving in the military or other government service outside of Texas you may still file for divorce in Texas if :. The same rule applies if you are accompanying the serving spouse in the military or other government service outside of Texas. If Texas is your home state, time spent outside of Texas with your military divorce counts as time spent in Texas.

Note for military families with children: Talk to a lawyer if you and your spouse have children together and your children have lived in another state or country for the last six months.