Same-Sex Divorce Don't Just Get Through It. Move Beyond It.

Same-Sex Divorce Attorney in Dallas

Board-Certified Family Law Representation for Same-Sex Couples in Dallas

At Mueller Family Law Group, we handle the full range of divorce matters for same-sex couples in Dallas, including property division, spousal maintenance, and child custody. Our goal is to protect your income, your assets, and your family’s future from the first consultation through final decree.

Same-sex divorce in Texas follows the same legal framework as any other divorce, but couples who were together for years before marriage equality can face questions that simply don’t come up in other cases. We bring our experience with complex property division to those disputes so clients can have the guidance they need.

Ready to talk through your situation? Call our Dallas office at (214) 225-6766 or reach out through our contact form to schedule a consultation.

How Texas Divorce Law Applies to Same-Sex Couples

The U.S. Supreme Court’s June 26, 2015 ruling in Obergefell v. Hodges established that same-sex couples have the same constitutional right to marry and to divorce as opposite-sex couples. In Texas, that means the same procedural rules, residency requirements, and property division standards apply to all married couples regardless of gender.

Texas is a community property state. Property acquired during the marriage is presumed to belong equally to both spouses and must be divided in a just and right manner at divorce. For many same-sex couples, though, the relevant question isn’t just how to divide property. It’s which years count as “the marriage” for purposes of that division. Couples who were in committed relationships long before 2015 but couldn’t legally marry in Texas until Obergefell often face contested characterization questions that require careful legal analysis.

Property Division & Spousal Maintenance in Same-Sex Divorce

Texas law classifies every asset as either community property or separate property. Community property is presumed for anything acquired during the marriage. Separate property includes assets owned before the marriage or received by gift or inheritance, but the spouse claiming separate property must prove it by clear and convincing evidence, a meaningful legal standard that requires more than a bare assertion.

For same-sex couples, the date that “the marriage” begins is often disputed. Assets accumulated during a years-long relationship before a couple could legally marry in Texas may be characterized differently depending on how the marriage is defined. These date-of-marriage disputes overlap directly with the asset-characterization work our attorneys handle in high-asset divorce cases, and we’re prepared to build the documentary record those arguments require.

Spousal Maintenance Eligibility

Spousal maintenance eligibility adds another layer of complexity for same-sex couples whose legal marriage date may not reflect the full length of their relationship.

Texas Family Code Chapter 8 generally requires a marriage of at least 10 years before a court can order spousal maintenance, with exceptions for family violence, disability, or caring for a disabled child
Maintenance duration is capped by marriage length: up to five years for marriages of 10 to 20 years, up to seven years for 20 to 30 years, and up to ten years for marriages lasting 30 years or more
For same-sex couples whose legal marriage began in 2015, the 10-year threshold may not be met on paper even when the relationship spans decades, making the characterization of the pre-2015 period directly relevant to support rights

Child Custody & Parental Rights for Same-Sex Parents

Child conservatorship in a same-sex divorce turns largely on each spouse’s legally established parentage. Courts typically look to birth certificates, adoption decrees, and court orders when evaluating custody and visitation rights. A parent whose name appears on neither a birth certificate nor an adoption order may face significant hurdles claiming conservatorship, even after years of active parenting.

We work with clients to identify the strongest path forward for their families, including through mediation when an agreed parenting plan is achievable. Resolving conservatorship through agreement rather than litigation typically costs less and puts decision-making in the hands of the parents rather than a judge.

Why Dallas Clients Choose Mueller Family Law Group

Board certification matters in family law. Every partner at our firm is Board Certified in Family Law by the Texas Board of Legal Specialization, a credential that requires demonstrated experience, peer review, and a written examination. Mueller Family Law Group has also received recognition from Best Lawyers in America, reflecting a standard of practice our clients can rely on.

As one of the largest family law firms in Texas, we bring substantial resources to each case without sacrificing the personalized attention clients deserve. Our attorneys have centuries of combined experience across the full spectrum of family law, and we apply that depth to every client’s unique circumstances, whether the matter involves complex asset characterization or an agreed decree.

Schedule a Consultation About Your Same-Sex Divorce

Same-sex divorce in Texas can involve legal questions that require a firm familiar with both the law as it stands today and the history that shaped it. Call (214) 225-6766 or contact us online to schedule a consultation with one of our Dallas divorce lawyers.

Common-Law Marriage & Pre-2015 Same-Sex Relationships in Texas

Texas recognizes informal marriage, commonly called common-law marriage, in addition to formally licensed marriage. An informal marriage is established when two people agree to be married, live together as spouses in Texas, and represent themselves to others as married. No ceremony or license is required.

Because same-sex couples couldn’t obtain a Texas marriage license before Obergefell v. Hodges in 2015, courts have been asked in some cases to determine whether a same-sex relationship that predates that ruling can be recognized as an informal marriage for purposes of property division and support. Whether a pre-2015 same-sex relationship meets the legal requirements for informal marriage is a question courts continue to address on a case-by-case basis, and outcomes vary. If your relationship began before 2015, the informal marriage question may significantly affect how your property and support rights are analyzed, and it’s worth discussing with an attorney before you file.

divorce FAQ

Have questions? We are here to help. Still have questions or can't find the answer you need? Give us a call at 214-225-6766 today!

Is Texas a No-Fault or At-Fault Divorce State?

Texas is a no-fault divorce state. In a no-fault case, a spouse who files is not required to prove fault by their partner. Instead of alleging grounds such as adultery or cruelty, both spouses can simply agree that the marriage has become insupportable due to discord or conflict of personalities. Our Dallas divorce attorney team can assist in determining which approach is best for your situation.
Is "No-Fault" Divorce the Same as "Uncontested" Divorce?
A no-fault divorce is different from an uncontested divorce. In Texas, couples may agree that neither party is at fault in the breakup but can still disagree on issues, including:
- Child custody
- Division of marital property
- Alimony
The majority of Texas divorces are granted on insupportability grounds—a no-fault standard—because the parties' feelings or lack thereof cannot support the marital relationship. Our Dallas divorce lawyers will help you determine whether a contested or uncontested approach maximizes your results.
What's the Difference Between Contested & Uncontested Divorce in TX?

After deciding whether to pursue a fault-based or no-fault divorce, each individual must determine if their Texas divorce will be uncontested or contested. While divorce is often associated with hardship and drama, with the right Dallas divorce attorney and effective communication, a peaceful and cost-effective process is possible.
Once My Divorce Is Final, What Do I Do?
The divorce process can be lengthy. After finalization, there are several important post-divorce steps to ensure a successful transition into single life:
1. Make sure all closing documents get signed
Most Dallas divorces result in a transfer of property or assets. If one spouse is awarded the home and the other the retirement account, closing documents—like deeds or qualified domestic relations orders (QDROs)—will be required to memorialize those assignments.
2. Update estate planning documents
After your divorce, update your designated beneficiaries on life insurance and retirement accounts, as well as your will and any powers of attorney to reflect your new circumstances. This ensures your intentions are legally binding.
3. Develop a post-divorce financial plan
Adapting your budget and financial goals after divorce is vital. Consider working with a Dallas-area financial planner who can help you transition to a new household structure and maximize your financial security and peace of mind. Our Dallas divorce attorneys can connect you to trusted advisors prepared for post-divorce support.

Different By Design Your Future Deserves a Board-Certified Level of Care and Attention

When you need action, not noise, you need a team that delivers with purpose and precision. Backed by honors from Best Lawyers in America and Best Law Firms in America, our reputation reflects the quality of our work. But what truly defines us is the impact we make for our clients, guiding them through challenging moments and helping them move forward with confidence.

See how we stand out

“They are some of the most zealous advocates I've ever seen, but careful and methodical.”
“After struggling with two other family law attorneys for 4 years, we switched over to Mueller Family Law, who was able to accomplish much more for our family than any prior attorney.”

R.S.
“I have had the best experience here and will always highly recommend them to my friends and family.”
Mueller Family Law is truly the best of the best. Jim Mueller and his team are top-notch. You cannot beat them as far as responsiveness, professionalism, and knowledge of the law. I have had the best experience here and will always highly recommend them to my friends and family. This firm knows how to win!

D.D.
“The firm recommended we try for a Collaborative divorce, and we did so successfully in about 90 days.”
“I used Janet Brumley at a most difficult time in my life, the end of a 15-year marriage with 4 children. The firm recommended we try for a Collaborative divorce, and we did so successfully in about 90 days. Obviously, a Collaborative divorce requires both”

A.S.
“They have become friends of the family and are very kind and conscientious of the emotional state that the client is going through at the time.”
“Jim Mueller, and Greg Beane took on an insurmountable task. They were excellent at keeping us informed, they took on the Colorado court system with a child custody suit.”

R.M.
“I can’t imagine having gone through this process without you.”
You have been my counselor, therapist, mentor, advisor – and most of all- my friend. I can’t imagine having gone through this process without you.

J.M.
“Whatever your needs are, they will find a way to help you and get the results you need.”
These attorneys are simply the best, they know what they are doing and do it well. They pay attention to their clients and provide the best advice. Whatever your needs are, they will find a way to help you and get the results you need.

L.Y.
“I had a great experience using this firm's Family Law approach for my divorce and then several years later for my prenuptial.”
I had a great experience using this firm's Family Law approach for my divorce and then several years later for my prenuptial. Janet Brumley was so knowledgeable and professional, and a genuine pleasure to work with. I have recommended them often without reservation.

C.A.
“Your diligence and thoroughness saved the day.”
I feel that at every turn, you went way beyond the call of duty. I had a friend whose care went beyond the legal proceeding of the job. Your diligence and thoroughness saved the day.

N.B.

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