Fort Worth LGBTQ+ Divorce Lawyers
Following the historic Supreme Court ruling, same-sex couples share the same legal rights to marry and divorce in Texas as opposite-sex couples. However, while the governing framework under the Texas Family Code is identical on paper, LGBTQ+ divorces frequently involve intricate legal nuances—particularly regarding pre-marriage asset histories, non-biological parental rights, and complex property valuation.
At Turner-Monahan, PLLC, our Fort Worth divorce attorneys have provided experienced legal representation to Texas families since 1973. Building on over five decades of legal leadership in Tarrant and Johnson Counties, we combine a deep respect for your family's journey with sophisticated trial strategy. Whether your case involves an uncontested dissolution, a high-net-worth marital estate, or contested child custody disputes, our team provides clear answers, predictable pricing, and steady advocacy.
Call (817) 623-0129 or reach out online to speak with our Fort Worth LGBTQ divorce lawyers at Turner-Monahan, PLLC.
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"I would not look anywhere else for an experience family law attorney."I followed Heather over to Turner Monahan from her previous law firm. She was empathetic and patient with me throughout the whole process. I have been working with her since my divorce in 2018.- Christopher W.
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"Tyler is outstanding! I highly recommend!"This firm is absolutely top notch! They helped me navigate me through my divorce with a great deal of dedication and empathy.- Daniel V.
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"If you’re needing an attorney and want one that is helpful, communicative, supportive and trustful, look no further than Turner-Monahan."Going through a divorce and a custody battle was the most stressful thing I have ever gone through, but the team there made it that much easier.- Daniel C.
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"Throughout my case, Tina exhibited unwavering compassion and understanding, ensuring I felt supported every step of the way."I highly recommend Tina Campbell from Turner-Monahan as a divorce attorney. Her thorough approach left no stone unturned, providing me with comprehensive guidance and reassurance. Tina consistently went above and beyond, exceeding my expectations with her dedication and commitment to achieving the best outcome. Not only is she highly recommended for her professionalism and expertise, but she also offers cost-effective solutions without compromising quality. Choosing Tina Campbell as your divorce attorney is a decision you won't regret.- Amanda P.
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"Divorce is hard enough as it is, but they made it a lot less stressful."I am so thankful for Turner-Monahan! The whole staff made sure I knew my rights and made sure I was ok even in those ugly cry moments when the ex-was being horrible.- Former Client
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"I highly recommend these attorneys for divorce!"Especially, Heather Ogier! I want to thank you for an amazing and easy process. She really made things happen and rather quickly! You all definitely exceeded my expectations. Most definitely worth every penny!- Dwayne S.
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"My experience with Heather Ogier at Turner-Monahan was nothing less than amazing!"She was so knowledgeable and helped me through every step of my divorce. I am forever grateful for her and her team.- Ashley B.
Dividing Property in an LGBTQ Divorce
One of the most significant issues in many LGBTQ divorces is a direct result of history: same-sex marriage wasn't legally recognized nationwide until the U.S. Supreme Court's 2015 decision in Obergefell v. Hodges. For couples who were together — and building a life, a home, and shared finances — long before they were legally permitted to marry, this creates a real complication in divorce.
Texas is a community property state, meaning assets acquired during the marriage are generally subject to division, while property acquired before the marriage is typically treated as separate. For opposite-sex couples, the marriage date is usually straightforward. For many same-sex couples, it isn't:
- A couple may have been in a committed relationship and pooling finances for years — even decades — before they were legally able to marry.
- Homes, retirement contributions, and business interests built during that pre-marriage period may not automatically be treated as community property, even though the couple considers that period part of their life together.
- Some Texas courts have addressed this by recognizing an "informal" or common-law marriage that predates the legal marriage date, which can extend the community property period back to when the couple actually began holding themselves out as married.
Establishing an earlier marriage date can significantly affect what's on the table in a divorce settlement. This is a nuanced, fact-specific argument that requires documentation — joint accounts, shared leases, insurance beneficiary designations, and other evidence of the relationship's history — and experienced legal advocacy to present it effectively.
We cover this in more detail in our blog post, "Do Asset Divisions Differ in Same-Sex Divorces?"
Parental Rights When Only One Spouse Is Legally Recognized
Family structures in LGBTQ households often took shape before the law fully caught up, and that history can create custody complications during divorce — particularly when only one spouse is the biological or legally recognized parent through adoption or a court order.
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