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Austin LGBTQ Attorneys

SAME-SEX DIVORCE & CHILD CUSTODY

Austin LGBTQ Attorneys

Legal Help for the LGBTQ+ Community in Austin, Texas and Surrounding Areas

Same-sex marital rights in Texas fundamentally changed in 2015 when same-sex marriage was legalized across the United States with the United States Supreme Court ruling in Obergefell v. Hodges in 2015. The Court’s decision provided LGBTQ+ Texans with the right to obtain legally recognized marriages under the laws of the State of Texas.

While the Obergefell ruling was celebrated by the LGBTQ+ community across the United States, with the right to marry comes the right to divorce.

Divorce is a transition that can often be stressful for individuals who are faced with significant legal issues such as property division, spousal support, and child custody, visitation, and support. For LGBTQ+ individuals, there can be additional and unique considerations that may arise in a divorce or child custody case.

While Same sex couples face many of the same issues in the divorce and child custody context, there are unique and important issues for LGBTQ+ individuals to consider when dealing with divorce and child custody issues.

For example:

  • The retroactive effect of the marriage equality decision on the existence of a marriage, whether formal or informal
  • The characterization of property as community, separate, or both and its effect on the division of assets in a divorce case 
  • Parental rights for bio/non-bio and adoptive parents

There are many other considerations that are unique to the LGBTQ+ community where, because of the historical circumstances involving same sex rights, the path to a favorable solution is not as clear as it might otherwise be.

Kirker|Davis is Equipped to Handle your Same-Sex Divorce and/or Child Custody Matter

Matters involving same-sex divorce and child custody require a highly competent level of legal knowledge and experience. Since its beginning, Kirker|Davis has helped members of the LGBTQ+ community navigate the legal process and legal issues facing individuals in same-sex divorce and child custody cases. What truly sets our firm apart, however, is our compassion and commitment to the LGBTQ+ community here in Austin and the surrounding areas.

That commitment is exemplified by Kirker|Davis attorney, Kody C. Silva, who has years of experience representing LGBTQ+ individuals in same-sex divorce and child custody matters, as well as extensive involvement in the LGBTQ+ community, including:

  • Membership in the Austin LGBTQ Bar Association
  • Membership in the Texas Family Law Foundation
  • Membership on the Board of Directors for Out Youth, a non-profit organization servicing the LGBTQ+ youth in Central Texas
Contact Us to Get the Legal Help You Need Today

If you are a member of the LGBTQ+ community facing a divorce or child custody matter, you need an attorney who will not only fiercely advocate on your behalf, but one who can also empathize with the unique issues that face the LBGTQ+ community. 

Contact us today to schedule a free telephone consultation with an attorney to discuss your divorce or child custody matter and create a legal strategy to help set yourself up for success.

Request Consultation

    TESTIMONIALS

    • "The divorce process is not an easy one, but I always felt fully supported, informed, and guided by Chris and the staff. Chris always laid out the options, made me aware of the risks, and provided me with recommendations, but he also gave me the flexibility to work out things with my ex where I could, to speed up the process and avoid some legal expenses. I highly recommend Chris for family law representation. ”

      David - Divorce Representation

    • "I’m a lawyer myself and Holly helped me with my recent divorce. She did an amazing job. She covered all the little issues that would have collectively cost me a bunch of money in the long run if she had not been so detail-oriented and focused. She is a tenacious advocate for her clients who aims to resolve matters amicably but will fight tooth-and-nail for her clients if that is what it takes to reach a...”

      Anonymous - Holly is the lawyer who lawyers hire for their own divorces

    • "Chris handled my case professionally, efficiently, and demonstrated a very strong knowledge of family law. Chris took the time to learn and understand all aspects of my situation and used that knowledge to develop a focused strategy that led to a successful outcome. I highly recommend Chris. ”

      Martin - Excellent Lawyer

    • "Ashley Morgan and her paralegal Aleks were both so amazing to work with. They were second to none in responsiveness and work ethic. I would recommend her work to anyone looking for family law, and could not be happier with my decision to work with them. Just a great group of people who are knowledgeable and passionate about the work they do. ”

      Josh Campbell - Family Law

    • "This was as good an experience as you can possibly have with a divorce situation! Candice and Laurie were professional yet compassionate. They treated me with great respect and were always available to answer my questions. The best part is they always had my best interest at heart. I would highly recommend Kirker Davis and Candice Derelye and Laurie Theriot. They are the best! ”

      Susan Morris - A divorce situation

    • "This was my first time ever working with lawyers and words cannot express how grateful I am for Ashley Morgan and her team. I needed direction during a difficult time and she provided step by step service. Would highly recommend! ”

      Erik Jurado - Highly recommended

    • "I praise Attorney Alyse Donnelly for all the hard work and hours she put in my divorce case. I believe that her experience, knowledge, and quick thinking resulted in beneficial results on my behalf. Ms. Donnelly along with Paralegal Stacy O’Brien and Attorney Michelle Fontenot are definitely assets to the Kirker Davis law firm. ”

      Bertha Solis - My divorce case

    • "My experience with Kirker Davis has been amazing. Candice Deyerle has been my attorney and in just under a month she helped to correct severe deficiencies in my custody case. She and her team respond within minutes or hours to even the most mundane requests. From the moment I walked in the office, I was greeted with an exceptional level of service, and even the receptionist inspires class and confidence. I wh...”

      Daniel Kearns - Custody case

    • "From my first visit, I felt like Candice listened to every word I said and showed concern about my pending situation. My ongoing experiences throughout our working together, made me feel like they were genuinely concerned about me and my integrity. If I wandered off course, Candice would guide me back online! Fantastic results! ”

      Edward Novess - Fantastic results

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