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same-sex divorce

Following the United States Supreme Court’s decision in Obergefell v. Hodges, 576 U.S. 644 (2015), there is no real difference in the divorce process for same-sex couples and opposite-sex couples. But same-sex couples may encounter some additional complications in the divorce process regarding issues such as child custody if, for example, one of the same-sex spouses was the biological mother and the biological father did not agree in writing to terminate his parental rights, and later seeks custody of the child.

In Texas, following the Supreme Court's decision in Obergefell v. Hodges, same-sex couples have the same legal rights and processes for divorce as opposite-sex couples. This means that the state must provide marriage licenses to same-sex couples and recognize their marriages, which also includes the application of divorce laws. However, same-sex couples may face additional challenges, particularly concerning child custody issues. If a child was born to one spouse during the marriage, and the other spouse is not a biological parent, the non-biological parent's rights may not be automatically recognized. This can become complex if the biological father, who did not terminate his parental rights, seeks custody. In such cases, the court's determination of parental rights and custody will be based on a variety of factors, including the best interest of the child, the relationship each parent has with the child, and any prior agreements between the parties. It is advisable for non-biological parents in a same-sex marriage to legally adopt their children to secure their parental rights.

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