Same-sex couples in New Braunfels and across Comal County have had the same right to marry, and to divorce, as every other couple since the U.S. Supreme Court’s 2015 decision in Obergefell v. Hodges. Today, a same-sex divorce in Texas follows the same Family Code that governs any other divorce. Still, some issues come up more often for same-sex couples, especially around when the marriage legally began, how property acquired before marriage is treated, and how to protect both parents’ relationships with their children. Our family law attorneys handle these cases with the same care and respect as any other, and we can help you anticipate the issues that are specific to your family.
The Basics Are the Same
For any Texas divorce:
- Residency: One spouse must have lived in Texas for six months and in the county of filing for 90 days.
- Grounds: Most divorces are filed on the no-fault ground of insupportability. Fault grounds such as cruelty and adultery are also available. See grounds for divorce.
- Waiting period: There is a 60-day waiting period after filing, with exceptions for family violence.
- Property: Community property is divided in a just and right manner; separate property stays with its owner.
- Children: Decisions are based on the child’s best interest, with a presumption favoring joint managing conservatorship.
- Support: Child support and spousal maintenance follow the same rules.
If you and your spouse agree on everything, an uncontested divorce can be an efficient path.
When Did the Marriage Begin?
This question matters more for same-sex couples than for most others, because many were together for years, sometimes decades, before they could legally marry in Texas.
Formal marriage in another state before 2015
If you married in a state that allowed same-sex marriage before Obergefell, Texas recognizes that marriage from its original date.
Informal (common-law) marriage
Texas recognizes informal marriage when a couple agreed to be married, lived together in Texas as spouses, and represented to others that they were married. Whether an informal marriage can be found to have begun before 2015, when the law did not allow same-sex couples to marry, has been raised in Texas cases, and courts have reached differing results. If your relationship began well before your formal wedding, talk with a lawyer about whether an earlier date can be argued and what evidence would support it. See common-law marriage.
Why the date matters
The start of the marriage affects:
- What is community property versus separate property
- The community portion of retirement plans
- Eligibility for spousal maintenance, which depends partly on marriage length
- Duration limits on maintenance
- Social Security benefits on an ex-spouse’s record, which generally require a 10-year marriage
Property Acquired Before the Marriage
Many couples bought homes, opened accounts or started businesses together before they could marry. Generally, property owned before marriage is separate property. But:
- If both partners are on the deed or account, each owns a share as co-owners, and that can be divided or partitioned.
- If one partner contributed to property titled to the other, contract or other civil claims may sometimes apply, separate from divorce law.
- After marriage, community funds paying down a premarital mortgage may create a reimbursement claim.
Documentation from before the marriage, such as closing statements, account records and written agreements, is often key. Our pages on community property and separate property explain the framework.
Protecting Parent-Child Relationships
Parentage is the issue we encourage same-sex couples to address most carefully.
The safest footing: adoption or a parentage order
A parent who has adopted the child, including through a second-parent or stepparent adoption, or who holds a court order adjudicating parentage, has full parental rights that every state must respect. Being named on a birth certificate is helpful but is not the same as a court judgment.
Children born during the marriage
Texas presumes a husband is the father of a child born during the marriage. How that presumption applies to same-sex spouses, and how Texas assisted reproduction rules apply when a child was conceived with donor gametes and both spouses consented, can depend on the facts and the documents involved. Courts have not resolved every question in this area. If you are the nonbiological parent and have no adoption or court order, get advice before the divorce is filed.
Children born before the marriage
If a child was born before the marriage and the nonbiological parent never adopted, that parent’s standing to seek conservatorship may depend on the length and nature of his or her role in the child’s life. Texas law allows certain nonparents with significant past care and control of a child to file for conservatorship, subject to time requirements.
See conservatorship for how custody decisions are made in Texas.
A Respectful Process
Divorce is hard regardless of who is involved. Some same-sex couples prefer a private, low-conflict path through negotiation or mediation, which also keeps sensitive history out of the courtroom.
Practical Steps Before You File
- Locate your marriage certificate, and any earlier civil union or domestic partnership documents from another state.
- Gather adoption decrees, parentage orders, birth certificates and any assisted reproduction or donor agreements.
- Collect deeds, loan documents and account statements, including records from before the wedding.
- Check beneficiary designations and powers of attorney, but do not change them without advice once a case is filed.
- If there has been family violence, talk with us about safety planning and a protective order.
Filing a Same-Sex Divorce in New Braunfels and Comal County
Divorces are filed with the district clerk in the county where a qualifying spouse lives. Because New Braunfels crosses the Comal County and Guadalupe County line, confirm your county before filing. Couples who married elsewhere and later moved to the New Braunfels area can file here once residency is met.
Talk With a New Braunfels Family Lawyer About Your Divorce
Every family deserves clear answers and steady guidance. Our family law team offers a free, confidential consultation by phone, video or in person for clients in New Braunfels, Comal County and the surrounding area. Call New Braunfels Family Law at (830) 302-4071. Se habla español.
Frequently Asked Questions
Is same-sex divorce handled differently in Texas?
The same Family Code rules for residency, grounds, property division, support and children apply to every married couple. The differences tend to arise from timing, such as when the relationship began compared with when the marriage was legally recognized, and from parentage questions.
We married in another state. Can we divorce in Texas?
Yes. Texas recognizes valid marriages from other states. If one spouse meets the Texas residency requirements of six months in the state and 90 days in the county, the divorce can be filed here.
I am not the biological parent. Will I have rights to our child?
A parent who adopted the child, or who has a court order establishing parentage, has the full rights of a parent. If you have neither, your status may depend on the facts and on how parentage law is applied. Talk with a lawyer before the divorce is filed, because how the case is pleaded matters.
Can our years together before marriage count for property?
Generally, community property starts at the date of marriage. If you can prove an informal (common-law) marriage began earlier, that may change the start date. Otherwise, property acquired before the marriage is usually separate, though joint ownership and contracts can still give each partner rights.
Last reviewed November 13, 2026. General information only, not legal advice.