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Same-Sex Divorce Putting Clients First. Always.

Same-Sex Divorce Attorney in Austin

In Austin, Texas, same-sex divorces follow legal frameworks similar to those for opposite-sex divorces but often bring distinct challenges. These issues may include the timeline of the relationship before same-sex marriage legalization and complexities in property division or parental rights. At Diggs & Sadler, we address these concerns and ensure our clients’ rights stay protected throughout the process.

Call us at (512) 548-8355 to schedule a consultation with our same-sex divorce attorneys in Austin. 

Austin’s Legal Framework for Divorce

To file for divorce in Texas, at least one spouse must live in the state for at least six months and in the filing county for at least 90 days. These residency requirements apply equally to all marriages, including same-sex unions. Our team at Diggs & Sadler provides advice to ensure you meet these rules and follow the right procedures.

Divorce proceedings in Austin often include mediation and dispute resolution sessions to reach agreements without litigation. Our attorneys help facilitate these meetings, guiding clients toward resolutions outside the courtroom when possible. If a case goes to court, our in-depth knowledge of Travis County Family Court procedures allows us to manage your case efficiently.

The Timeline & Process for Same-Sex Divorce in Austin

Divorce in Austin, like elsewhere in Texas, follows a structured legal process that typically begins with filing a petition in the Travis County courthouse. After submission, the state’s mandatory 60-day waiting period must pass before a court can finalize any divorce, though complex cases can extend far beyond this minimum. During this period, both parties may exchange information, complete disclosures, and negotiate temporary orders for support or parenting time.

Why Choose Us?

  • Focused on Diversity & Inclusion: We commit to serving the LGBTQ+ community with sensitive, informed legal services.
  • Local Expertise: Our understanding of Austin’s legal environment helps us handle any jurisdictional or logistical challenges.
  • Comprehensive Preparation: We prepare each case for trial, providing reliable representation both in and out of court.
  • Community Engagement: We actively participate in local LGBTQ+ groups and advocacy efforts, providing insight into issues that affect our clients.

Our attorneys bring decades of experience with Texas family courts and understand how local judges address matters in same-sex divorce cases. By staying engaged with Austin’s legal community and LGBTQ+ organizations, we maintain up-to-date awareness of evolving laws and court decisions that may impact clients. This hands-on presence ensures we respond quickly to new trends and advocate for solutions that fit your goals. We have built strong working relationships with mediators and other professionals in Travis County, often helping to streamline negotiations and support clients’ objectives throughout the process.

Frequently Asked Questions

How Is Property Divided in a Same-Sex Divorce?

Texas follows community property laws, so courts usually divide marital property equally. Challenges often arise when deciding what qualifies as marital or separate property, especially for assets gained before same-sex marriage became legal. Diggs & Sadler handles complex marital property matters and works to secure fair settlements, accounting for pre-marital assets and each partner’s contributions.

Can I Relocate with My Children During the Divorce Process?

Court approval is required to relocate with children while a divorce is pending. Decisions center on the child’s interests, considering needs, relationships with both parents, and the move’s distance. Our team advises on responsibilities and options, building strong approaches to protect your interests during custody modifications or relocations.

How Does Custody Work in a Same-Sex Divorce?

Texas courts base custody decisions on the child’s best interests. In same-sex divorces, parents may face specific challenges if only one is the legal or biological parent. Our attorneys work to protect both parties’ rights and develop custody arrangements suited to the child’s needs and your family’s situation.

What If My Ex-Spouse Lives in Another State?

When an ex-spouse lives elsewhere, divorce can become more complicated, especially for custody or asset division. Texas courts can take the case if jurisdictional rules are met, but enforcing decisions in another state may require further legal steps. Our team provides guidance throughout multi-state proceedings to protect your interests.

Call Us for Skilled Representation in Austin

Choosing a same-sex divorce attorney in Austin involves weighing experience, empathy, and approach. At Diggs & Sadler, we work to relieve the stress of divorce with clear, supportive legal counsel. The process can be overwhelming, so we stay with you every step, explain legal complexities, and safeguard your rights.

With a record of effective resolutions and dedication to advancing LGBTQ+ family law, our team stands ready to support your divorce. Let Diggs & Sadler help secure your future while representing your interests and those of your family with care and skill.

Call us at (512) 548-8355 to discuss your case with our same-sex divorce attorneys in Austin. 

A Reputation of Success Meet Our Team About Us

Client Testimonials Striving to Achieve the Best Possible Result

At Diggs & Sadler, your satisfaction is our priority! See for yourself what our clients have to say about working with us.

    "I am forever grateful for their representation."

    It is not an overstatement to say the attorneys who work in this office changed my life. They handled my case and fought for me and my children as if they were their own. They were passionate, knowledgeable, responsive, and gave their very best for me. My

    - Kat A.
    "They all helped me immensely during the worst time of my life"

    Kristin, Mike and Kristy all came together to work on my case in the beginning. They all helped me immensely during the worst time of my life. This is a team effort and they all work together to get you the best outcomes. Thank you all!

    - Alli M.
    "Not only that she is top in legal advice, she is extremely friendly to talk to, very responsive, and the fee that was charged for the case was very reasonable."

    Ms. Kristin Weaver helped me on a legal case and did a excellent job.

    - Felix K.
    "I cannot recommend Kristy Banda highly enough."

    If you're looking for a lawyer who genuinely cares and knows how to get the job done with professionalism and empathy, Kristy is the one you want.

    - Charlotte H.
    "Highly recommend Attorney Kristin Weaver."

    She will go above and beyond to ensure your needs are met!

    "If you’re looking for a divorce attorney who genuinely cares and will go above and beyond for you, I highly recommend Diggs&Sadler."

    Going through a divorce is never easy, but my case was particularly complicated, and I was overwhelmed with stress and uncertainty. From the moment I reached out to Diggs&Sadler. I knew I was in good hands.

    - Jing Jing
    "Milisa was by far the stronger attorney in this matter."

    Milisa helped to resolve a difficult custody matter involving substance abuse. She always prioritized the safety and wellbeing of my son.

    - Mark
    "As angry as I was, she was tougher."

    As angry as I was, she was tougher.

    - Doug M.

We Are In This Together Contact Our Team

No matter the complexity, we will guide you to a resolution.
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  • A Team-Based Approach
    When you hire one attorney at Diggs & Sadler, you receive the experience, knowledge and insight of our team.
  • Always Prepared for Trial
    Our attorneys prepare for war so we can negotiate peace. We are not afraid to go to trial if it is in the client's best interest.
  • Strategic Representation
    Each case is reviewed by our team to ensure we are crafting a case strategy that will help you achieve a satisfactory result.
  • We Put Clients First
    At our firm, the client drives our goals. We put you and your needs first while focusing on providing a personalized approach for your unique case.