The Shapiro Law Firm

Get help 24/7

972-833-8196

972-833-8196

  • Home
  • Firm Overview
    • Q&A With Todd Shapiro
    • Q&A With Peter Ganyard
  • Attorneys
  • Legal Services
    • Criminal Defense
    • Family Law
  • News & Resources
    • In The News
    • Articles
  • Testimonials
  • Video Library
  • Blog
  • Contact
  • X Close
  • Firm Overview
    • Q&A With Todd Shapiro
    • Q&A With Peter Ganyard
  • Attorneys
    • Todd Shapiro
    • Howard Shapiro
    • Peter Ganyard
  • Legal Services
    • Criminal Defense
    • Family Law
  • News & Resources
    • In The News
    • Articles
  • Testimonials
  • Video Library
  • Blog
  • Contact

Working Tenaciously To Protect Your Rights And Preserve Your Freedom

  1. Home
  2.  » 
  3. Child Custody
  4.  » 
  5. Same-Sex Couples Discovering That Divorces May Present Difficulties
View Practice Areas

Same-Sex Couples Discovering That Divorces May Present Difficulties

On Behalf of The Shapiro Law Firm | Jun 11, 2012 | Child Custody

Currently, six states and the District of Columbia allow same-sex couples to marry – and none of these locations require the couple to be residents prior to marriage. This means that same-sex couples from all over the country, including Texas, travel to these states for just a few days for the sole purpose of getting married, and then travel back to their home states.

However – similar to roughly half of all heterosexual marriages – the marriages of many same-sex couples fall apart. Unfortunately, things can get tricky when the home state of the same-sex couples doesn’t recognize their marriage in the first place. Complications may arise, including complications in the areas of same-sex child custody and child support disputes.

Same-Sex Divorce and Child Custody

When neither spouse is a resident of a state that recognizes same-sex marriages, it can sometimes be difficult to obtain divorces when the resident state of the couple doesn’t allow same-sex marriages. However, many experts believe it is unlikely that many states will change their residency requirements for divorces as that would promote divorce forum shopping – spouses choosing the state of their divorce because of more favorable laws such as child and spousal support.

Unfortunately, the inability to obtain official divorces in same-sex marriages have led to a variety of issues in areas ranging from possible bigamy charges to child custody.

Same-sex divorces create many issues regarding child custody. For instance, in many same sex couples both parents raise the child from birth, but the child may be only biologically related to one of the parents. Many states are still trying to deal with issues such as this because it raises legal questions regarding non-related parents that courts have not had to deal with up until now.

In Texas, many of the laws that apply to heterosexual couples are simply not applicable to same-sex couples – which means the law is still developing. Same-sex couples need to be aware of their rights and obligations when they are considering a split, after all if a child is involved, that may be the most important concern during the divorce.

Source: CNN, “Denied divorce, some same-sex couples ‘wed-locked,'” Elizabeth Landau, June 7, 2012

Categories

  • Child Custody (75)
  • Child Support (44)
  • Convictions (8)
  • Criminal Defense (44)
  • Divorce (162)
  • Domestic Violence (75)
  • Drug Crimes (14)
  • DWI-DUI (42)
  • Evidence (2)
  • Expungement (3)
  • Family Law (21)
  • Firm News (3)
  • Fraud (2)
  • Juvenile Crimes (17)
  • Postnuptial Agreements (2)
  • Prenuptial Agreements (7)
  • Property Division (49)
  • Prostitution (1)
  • Same-Sex Partners (38)
  • Sex Crimes (3)
  • Uncategorized (3)

Archives

Recent Posts

  • 3 reasons mediation is beneficial for high net worth divorce
  • What counts as intent to distribute fentanyl in Texas?
  • How do I prove my ex is hiding assets in Texas?
  • What to do after a DWI arrest in Texas
  • Can autopilot lead to a DWI charge in Texas?
Subscribe To This Blog’s Feed
Lead Counsel Verified | LC
Avvo Rating | 10.0 | Todd Donald Shapiro | Top Attorney
'11 readers' choice awards | Best criminal attorneys in plano | 2011 Plano Star Courier Readers' Choice Awards
2012 star community newspapers | Readers choice
Rated by Super Lawyers | Todd Shapiro | Selected in 2026
Readers choice star local media 2018
Reviews | 5 stars out of 63 reviews | Todd Donald Shapiro | AVVO
D Best 2026
Findlaw | The shapiro law firm rate us
Avvo | Clients' Choice Award 2024 | Todd Donald Shapiro

We Are Here To Help

When you need assistance from an experienced attorney, contact the Shapiro Law Firm by calling 972-833-8196.
Email Us For A Response

Contact Information

The Shapiro Law Firm
701 E. 15th Street
Suite 204
Plano, TX 75074

Plano Law Office Location
Review Us
Phone: 972-833-8196
Fax: 972-423-0077

Connect With Us

  • Follow
  • Follow
  • Follow

© 2026 The Shapiro Law Firm • All Rights Reserved

Disclaimer | Site Map | Privacy Policy | Business Development Solutions by FindLaw