Same-Sex Divorce, Is There a Difference?

The other day an attorney asked for referrals for an attorney to represent a party to a same sex divorce. In that request, one attorney said “is there a difference between a same-sex divorce and a regular divorce?” The short answer to that question is simply yes! While I cannot possibly write about every possible difference that exists between same-sex couples divorcing and heterosexual couples divorcing below are a few instances that arise in same-sex couple divorces that do not typically become issues in heterosexual couple divorces:  Determining the date of marriage. In heterosexual couples, unless the issue is about a common law marriage, the date is simple, it is the date of the formal marriage ceremony. For same-sex couples in Texas this becomes complicated. June 26, 2015 was the first date that same-sex couples could get legally married in Texas because the United States Supreme Court said all states had to recognize and allow same-sex couples to marry.…

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