by Mokolo LawSame-Sex Divorce in Texas
Divorce can be an emotionally and financially stressful process for any couple. However, same-sex couples face specific legal issues that differ from those faced by heterosexual couples. While same-sex couples can now enjoy marriage equality, divorce equality is still catching up. From splitting assets to child custody rights, the details of divorce that are often clear in a heterosexual marriage can be more complex for same-sex couples.
Texas has a history of banning and restricting these unions, which can create additional challenges for same-sex couples seeking divorce. If you’re in a same-sex relationship and considering divorce, it’s important to understand the legal issues involved and to hire an experienced lawyer to guide you through the process. In this blog, we’ll examine the laws and procedures related to same-sex divorce in Texas, and explore ways to navigate the process more easily.
Same-sex marriage wasn’t legal until 2015, when the U.S. Supreme Court issued a landmark ruling in Obergefell v. Hodges. That decision made same-sex marriage legal across the entire country, including in Texas.
Before 2015, same-sex couples in Texas couldn’t legally marry or divorce. Many had to travel to other states just to end their relationships legally. This made things complicated and confusing, especially for couples trying to understand how to get divorced.
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Legal Rights and Challenges of Same-Sex Divorce in Texas
1. Marriage Status
One of the first legal hurdles for same-sex couples divorcing in Texas is determining the legal status of their relationship. While same-sex marriage is now legal across the U.S., some couples may have been married in a jurisdiction where it wasn’t recognized at the time, or they may have entered into a domestic partnership or civil union. In such cases, they may need to take additional legal steps to confirm that their relationship qualifies as a legal marriage under Texas law. A lawyer can assist with this process and ensure everything is handled appropriately.
2. Property Division
Another legal issue same-sex couples may encounter during divorce is property division. In Texas, property division is governed by community property law, which generally splits marital property based on what was earned or acquired during the marriage. However, many same-sex couples lived together in long-term relationships before they could legally marry. Texas law does not automatically count those years as part of the legal marriage for property division purposes.
If a couple acquired property before their legal marriage—even jointly—the court may treat it as separate property unless there is a legal agreement (such as a partnership or cohabitation agreement) or clear evidence of joint ownership.
3. Child Custody and Support
Child custody can be particularly complex in same-sex divorces. Texas law does not distinguish between same-sex and opposite-sex parents when deciding custody and support; what matters is the best interest of the child. A couple might have adopted a child, used a surrogate or sperm donor, or one partner may have brought a child into the relationship from a previous marriage. If both partners are not legally recognized as the child’s parents—such as when only one party legally adopted the child—custody matters can become complicated.
An attorney can help protect the parental rights of both parties and ensure decisions are made based on the child’s best interest.
4. Spousal Support (Maintenance)
Spousal maintenance in Texas is limited and granted only under specific circumstances:
- The marriage must have lasted at least 10 years, or
- The paying spouse was convicted of family violence within two years of filing, or
- The requesting spouse is disabled or caring for a disabled child, making them unable to earn sufficient income.
Although same-sex couples have equal rights to request maintenance, challenges may arise when there is disagreement about when the “real” relationship began compared to when the marriage was legally recognized.
5. Right to File for Divorce in Texas
Same-sex couples are fully entitled to file for divorce in Texas. However, they must meet the residency requirements. At least one spouse must have lived in Texas for six months and in the county where the divorce is filed for at least 90 days. This can present a hurdle for couples who have recently relocated to Texas and do not yet meet these requirements.
Even if the marriage took place in another state or country, Texas recognizes same-sex marriages legally performed elsewhere, and Texas courts have jurisdiction as long as residency conditions are met.
6. Protective Orders and Enforcement
All divorcing individuals—regardless of gender or sexual orientation—have the right to seek protective orders in cases of domestic violence, harassment, or threats. They also have the right to request enforcement of court orders regarding child support, custody, or property division when the other party fails to comply.
Texas courts can impose fines, wage garnishment, or even jail time for violations of court orders.
7. Discrimination
Same-sex couples may still face discrimination or bias during the divorce process, whether from the legal system or from their ex-partners. Although the legalization of same-sex marriage has advanced LGBTQ+ rights, prejudice and stereotypes can still influence legal proceedings. A knowledgeable attorney can help ensure your rights are protected and that discrimination does not affect the outcome of your case.
Process for Obtaining a Same-Sex Divorce in Texas
The process for obtaining a same-sex divorce in Texas is essentially the same as for opposite-sex couples. One spouse must begin by filing a petition for divorce with the appropriate court, and the other spouse must be formally served with a copy of this petition.
After the petition is filed, the couple must resolve several key issues: division of property, child custody and visitation (if applicable), and spousal support. These issues may be resolved through negotiation, often with the assistance of attorneys or mediators. If an agreement cannot be reached, the case may proceed to trial.
If the case goes to trial, a judge will make decisions on any unresolved matters. Trials can be both time-consuming and costly, so it is generally in the best interest of the couple to resolve as many matters as possible outside of court.
Once all issues are resolved—either through agreement or by court order—the court will issue a final divorce decree, officially ending the marriage.
Tips for Navigating the Same-Sex Divorce Process in Texas
If you’re considering a same-sex divorce in Texas, here are some important tips:
- Prepare for Potential Challenges
Same-sex divorces may involve unique legal or logistical hurdles, especially for couples married in other states or with complex financial arrangements. Be proactive and work closely with your attorney and any necessary experts. - Seek Legal Counsel
Hire a divorce attorney experienced in same-sex divorce cases in Texas. A knowledgeable attorney can provide crucial legal advice, represent your interests, and help ensure that your rights are upheld. - Consider Mediation
Mediation is often a less adversarial and more cost-effective way to resolve disputes involving property, child custody, or support. It can help reduce both emotional stress and legal expenses. - Take Care of Your Well-Being
Divorce can be emotionally draining. Prioritize your mental and emotional health. Lean on friends, family, or professional counseling, and give yourself space to heal and move forward.
Final Thoughts
Same-sex divorce is a complex legal process that benefits from the guidance of an experienced attorney. Issues such as establishing the legal status of the marriage, property division, child custody, and potential discrimination require a deep understanding of both the law and each couple’s individual circumstances. Attempting to navigate these challenges without legal help can lead to serious emotional and financial consequences. An attorney experienced in same-sex divorce can help protect your rights and ensure you are positioned to start the next chapter of your life with confidence.
Contact Us
If you’re in need of Texas-based divorce mediation or a same-sex divorce attorney, Mokolo Law Firm PLLC is a trusted Houston divorce law firm with the experience to achieve the results you and your family deserve.
by Mokolo LawCross-Border Divorces Between Texas and Nigeria
Going through a divorce can be one of the most complicated and challenging times in one’s life. When it involves two countries like the U.S. and Nigeria, the process becomes even more complex.
Cross-border divorces between Texas and Nigeria require a deep understanding of the laws governing both countries and how they interact. Legal systems, cultural expectations, and international laws all play a major role on how a cross-border divorce unfolds.
This blog provides a guide to exploring the legal complexities, jurisdictional issues, and key considerations for spouses seeking a divorce across these two regions.
Recognition and Validation of Divorce Between Texas and Nigeria
One of the biggest concerns in a cross-border divorce is whether both countries will recognize the divorce decree and where the case should be filed.
1. Divorces Granted in Texas
For a divorce to be filed in Texas, at least one spouse must have been a resident of the state for at least six months and a resident of the county where the petition is filed for at least 90 days. For instance, if a couple married in Nigeria but later relocated to Texas, they can file for divorce in a Texas court, provided one of them meets the residency requirement under Texas law.
To have a Nigerian divorce recognized in Texas, one might need to go through a legal validation process, which could involve:
- Filing a petition in a Texas court to acknowledge the foreign divorce.
- Proving that the Nigerian court had proper jurisdiction over the case.
- Showing that both parties had fair representation in the Nigerian proceedings.
Texas courts only recognize a Nigerian divorce that meets due process standards, meaning that both parties must have been properly notified and given the opportunity to present their case.
2. Divorces Granted in Nigeria
Nigerian courts recognize both customary and statutory marriages. For statutory marriages (those registered under the Marriage Act), divorce proceedings are handled by the High Court. Customary and Islamic marriages follow different dissolution processes, depending on local customs and religious laws. If a couple married in Texas but wants to divorce in Nigeria, the case would fall under Nigerian law, specifically the Matrimonial Causes Act.
Once a divorce has been concluded in Texas, it is generally recognized in Nigeria, especially under private international law. However, to ensure full recognition, the divorced party may need to file for reaffirmation of the divorce in a Nigerian court where they initially got married.
Challenges in Cross-Border Divorces Between Texas and Nigeria
1. Child Custody and Support
One of the most sensitive issues in cross-border divorces is child custody and support, as it directly affects the well-being of the child. Enforcing a child custody agreement can be challenging if one parent is in Texas and the child is in Nigeria (or vice versa), especially if the child was taken without permission. This is because The Hague Convention on the Civil Aspects of International Child Abduction does not apply to Nigeria.
If custody disputes arise, the best approach is to secure a legally binding agreement in both countries to prevent future conflicts.
2. Grounds for Divorce
In Texas, one can file for either a fault-based or no-fault divorce. Common grounds include irreconcilable differences, adultery, abandonment, and cruelty.
In Nigeria, under the Matrimonial Causes Act, statutory marriages can be dissolved on grounds such as adultery, desertion, lack of consummation, and irretrievable breakdown of the marriage.
3. Division of Assets
Texas follows community property laws, meaning that both spouses are entitled to an equal share of assets acquired during the marriage.
In Nigeria, asset division depends on whether the marriage was conducted under customary or statutory law. Nigerian courts do not always follow the same principles as Texas courts when dividing marital property. Enforcing a Texas court’s division of assets in Nigeria (or vice versa) may require additional legal steps.
4. Polygamy & Religious Divorces
Nigeria recognizes customary and Islamic marriages, which may include polygamous unions. However, Texas does not recognize polygamy. A divorce under Islamic or customary law in Nigeria may not automatically be valid in Texas unless it meets legal requirements.
A couple married under Islamic or customary law in Nigeria may need both a religious and a civil divorce to avoid complications in Texas.
5. Enforceability of Court Orders
A major challenge in cross-border divorces is ensuring that court orders, such as custody arrangements and financial settlements, are enforced in both countries. While the U.S. has mechanisms for enforcing foreign judgments, Nigerian courts may require additional steps for recognition and enforcement.
Steps for a Smooth Cross-Border Divorce Between Texas and Nigeria
1. Hire Family Law Attorneys Familiar with Both U.S. and Nigerian Laws
- Engage a Texas-based attorney to guide you through U.S. legal processes.
- Hire a Nigerian attorney to ensure the divorce is recognized in Nigeria.
2. Confirm Jurisdiction
- Decide where to file for divorce based on residency and legal recognition factors.
3. Address Custody and Property Issues Early
- Secure agreements in both countries to prevent future disputes.
4. Validate the Divorce Internationally
- Determine how to get a Texas divorce recognized in Nigeria and vice versa.
- If divorcing in Texas, file a petition if required.
5. Consider Mediation
- If both spouses are willing, mediation is a faster and less expensive way to reach agreements.
6. Understand Immigration Implications
- If one spouse’s visa or residency status is tied to the marriage, a divorce may impact their ability to remain in the U.S.
7. Keep Proper Documentation
- Maintain records of marriage certificates, residency proof, and any prior legal agreements to support your case.
Conclusion
Cross-border divorces between Texas and Nigeria require careful legal planning. By understanding both legal systems and working with professionals in both countries, major complications can be avoided. Taking the right steps early can help you move forward with peace of mind.
Need expert legal advice? Consult Mokolo Law Firm. Our family law attorneys in both Texas and Nigeria will ensure your rights are fully protected.
by Mokolo LawStatute of Limitations in Texas Family Law
Divorce can be complicated and emotional, with many legal factors to consider. One important but often overlooked rule is the statute of limitations on divorce settlements. This sets a time limit on how long a person has to enforce their settlement agreement. Understanding this deadline is important for protecting your rights after a divorce. In this guide, we’ll explain why the statute of limitations matters, review common time limits in Texas and share tips on how to handle this legal time frame effectively. Family law disputes are subject to several time limits that can impact how your matter is resolved. The time limits that most separated people might encounter relate to divorce applications and property settlements.
Under Texas law, married spouses can seek a fair division of their marital property, but they must do so within specific time limits. The deadlines are as follows:
- A suit for property division must be filed before the divorce is finalized; Texas follows community property laws, meaning the court divides assets during the divorce process.
- If a spouse believes there was fraud on the community (such as hidden assets), they generally have two years from when the fraud was discovered to file a claim.
- If a spouse passes away, property division disputes may be handled through probate proceedings, but there is no strict six-month deadline for filing a claim.
A court may allow a late claim if there is a valid legal reason to grant relief, the delay occurred in good faith (meaning it was not intentional or due to negligence), and granting the claim would not cause significant harm to the other party.
Other family law claims, such as spousal maintenance, have specific eligibility requirements but must generally be requested before the divorce is finalized. However, enforcement actions for unpaid spousal maintenance may have different time limits.
Similarly, child support can be pursued as long as the child is legally entitled to support. In Texas, child support obligations generally continue until the child turns 18 or graduates from high school, whichever is later. Retroactive child support may also be requested, but there are limits on how far back a claim can go.
What is Statute of Limitations?
A statute of limitations is a law that defines the maximum amount of time in which parties involved in a dispute must initiate legal proceedings following an alleged offence. The duration of a statute of limitations varies depending on the nature of the offence and the location of the jurisdiction.
The law applies to both civil and criminal cases. More serious offenses, such as murder or war crimes, often have no statute of limitations. It’s also applied in civil law to matters like consumer debt, where the debt becomes time-barred debt after the statute of limitations has passed.
Benefits of a Statute of Limitations
A statute of limitations is sometimes controversial due to cases where legal action cannot be brought against an offender because the maximum length of time has elapsed. However, proponents of a statute of limitations argue that, for practical reasons, it is most equitable to limit the initiation of legal proceedings to a reasonable period after the event. As time goes on, important evidence may be lost, and the memories of witnesses can grow foggy. Legal proceedings brought under these circumstances may not be fair to all parties.
Common Statutes of Limitations for Family Law Cases in Texas
In Texas, the statutes of limitations are provided by the Texas Civil Practice and Remedies Code Chapter 16. While most civil statutes of limitations are from one to four years, some may be much longer. These time limits vary depending on the type of case. Below are some common statutes of limitations and time periods:
1. Child Support Enforcement: The statute of limitations for enforcing child support orders in Texas is generally ten years from the date the payment was due.
2. Child Custody Modifications: A parent can request a change to a custody order anytime before the child turns 18, as long as there is a valid reason—such as significant changes in the child’s needs or concerns about the other parent’s ability to provide proper care.
3. Paternity Claims: A paternity suit to establish a father’s legal rights must be filed before the child turns 4, unless fraud or mistake prevented the claim earlier.
4. Termination of Marriage: The statute of limitations for annulment depends on the grounds;
Underage marriage: Must be filed before the underage spouse turns 18.
Fraud, duress, or force: Must be filed within four years of the marriage.
5. Property Division and Debts: In Texas, the statute of limitations for enforcing property division orders is generally ten years from the date of the divorce decree.
6. Spousal Maintenance (Alimony): For spousal maintenance orders, the statute of limitations in Texas is generally ten years from the date of the divorce decree.
7. Enforcement of Decrees: There is no specific statute of limitations for the enforcement of divorce decrees in Texas, but it’s advisable to take legal action promptly.
These time limits ensure legal matters are addressed within a reasonable period while protecting the rights of all parties involved. It’s important to note that these are general guidelines, and the specifics can vary based on the circumstances of each case. Additionally, laws may have changed since my last update. Therefore, for the most accurate and up-to-date information, consult with a family law attorney in Texas or refer to the Texas Family Code.
In Conclusion
Statutes of limitations in family law ensure that legal disputes are resolved within a reasonable timeframe while protecting the rights of all parties involved. These time limits vary depending on the type of case such as child support enforcement, paternity claims, or property division after divorce. Delays in family law cases can have serious consequences. For example, they may affect child custody arrangements or make a judge think one party is being unreasonable. In most cases, delays do not completely take away a person’s right to go to court, but in some situations, waiting too long can mean losing the right to seek certain legal remedies.
Watch: The best advice I can give to single men and women
At Mokolo Law Firm, we are sensitive to the needs and the rights of our clients while helping them cope with the realities of their divorce, child custody or family law case. Our staff of attorneys have the experience and knowledge to help guide you through this challenging time.
Our goal is to empower our clients to take control of the issues that will affect their lives and when necessary to provide an aggressive stand in court. Call us today for a free consultation!
by Mokolo LawHow to Get Visitation Rights in Texas
One of the most contested issues involving children is the issue of possession and access, more commonly known as visitation. Trying to get visitation rights in Texas can feel confusing, especially if you don’t know where to start. Whether you’re a non-custodial parent, grandparent, or another family member wanting to spend time with a child, it’s important to understand the law and your right. Texas courts always focus on what’s best for the child, but getting visitation isn’t always easy.
In this article, we’ll explain the steps to request to securing visitation rights in Texas, what the court looks at when making a decision, and how to handle any challenges. If you’re struggling with a custody issue or just want to know your rights, this article will help you understand what to do next.
Understanding Visitation Rights in Texas
Visitation can be broken down into two categories: Standard Possession and Custom Orders.
A Standard Possession Order (SPO) is the default visitation schedule used by Texas courts when determining how a non-custodial parent (the parent without primary custody) will spend time with their child. It outlines specific visitation times, including weekends, holidays, and summer breaks.
The SPO typically includes; weekend visits, extended summer visitation and holiday schedules. The SPO applies unless the court determines a different arrangement is in the child’s best interest.
A Custom Possession Order (CPO) is a personalized visitation schedule created to fit the unique needs of a child and their parents. Instead of following the standard schedule, parents (or the court) can agree on a different arrangement based on factors like work schedules, distance, or the child’s needs. A CPO may include; a different weekday or weekend visitation times, adjustments for parents who live far apart and additional visitation rights based on mutual agreement.
A Custom Possession Order can only be used when the Standard Possession Order does not work well for a family and must be approved by the court.
None custotian parents are usually given visitaion rights in Texas.This order outlines how and when the non-custodial parent can spend time with the child. And this schedule varies, depending on the child’s age, parent’s location and other factors. Usualy, Texas courts use a “Standard Possession Order (SPO)” to determine a visitation schedule.
Who Can Request Visitation Rights?
Anyone can request a visitation right of the child, so long there is a relationship existing between them.
1. Non-Custodial Parents
A parent who doesn’t have primary custody of the child has the right to visitation. Except in some unusual cases where the court feels it is harmful for the child and may deny or limit visitation. Reasons could be;
*A history of abuse or domestic violence on the child or others.
*Drug or alcohol addiction affecting parenting ability.
*Neglecting or abandoning the child
*Mental health issues that put the child at risk.
*A history of kidnapping or not returning the child or threats of abduction.
*Repeatedly violating court orders in the past.
*Having a negative influence on the child. Like, exposing the child to crime, danger, or unsafe environments.
*If the child strongly opposes visitation.
In some cases, courts may allow supervised visitation, instead of full denial. Standard visitation typically includes weekends, holidays, and extended time in the summer.
2. Grandparents
Grandparents play an important role in a child’s life, but in Texas, they do not have an automatic right to visitation. The court typically presumes that a child’s parents have the right to decide who is involved in their child’s life. However, in certain circumstances, grandparents can request court-ordered visitation if they can prove that it is in the best interest of the child. Since Texas law makes grandparent visitation difficult, consulting a family law attorney can help build a strong case.
A grandparent may seek visitation if;
*One parent is deceased, incarcerated, or declared incompetent by the court.
*One parent’s rights have been terminated.
*The child has lived with the grandparent for at least six months.
*When denying visitation would be harmful to the child’s well-being.
Grandparents must show prove that their relationship with the child is beneficial, denying visitation would negatively impact the child and the parent restricting visitation is not acting in the child’s best interest.
3. Other Family Members
In Texas, visitation requests from extended family members are rarely approved unless there are special circumstances, such as the child’s parents being unfit or absent that justify court intervention. Other family members such as aunts, uncles, adult siblings, or even close family friends may want to request visitation with a child. However, unlike parents and grandparents, the law does not automatically grant them visitation rights. Courts generally prioritize the rights of the child’s parents and assume they are making the best decisions for their child.
Unlike parents and grandparents, most relatives have no clear legal path for visitation unless extreme circumstances exist.
Steps to Request Visitation Rights in Texas
When seeking visitation rights in Texas, there are steps thatmust be followed to the letter and they are;
1. Filing a Petition
A legal request, which is called a petition, must be filed with the family court in the county where the child lives by whoever is requesting. This document asks the court to grant visitation and explains why it would be in the child’s best interest.
2. Other Parent Notification
The child’s other parent (or guardian) must be formally notified of the request. It is their choice to agree or disagree to the request.
3. Attend a Court Hearing
If the other parent disagrees with the request, a judge will hold a hearing. Evidences need to be present showing why visitation is in the child’s best interest. This may include witness statements, records of past involvement with the child, and proof that visitation will not harm the child.
4. Receive the Court’s Decision
The judge will decide whether to grant visitation based on the evidence presented. If approved, the court will issue a visitation order outlining when and how visits will take place.
What to do When Visitation Rights are Denied
If the custodial parent refuses visitation in Texas, document every instance, try to resolve the issue through communication or mediation, and if necessary, file a motion for enforcement. Courts may impose fines, jail time, or other penalties on the non-compliant parent. There are also futher steps that can be taken.
File an Appeal: The petitioner may believe the court made a mistake, so he/she can appeal the decision. But this process can be very long and difficult.
Request Mediation: A neutral third party can be of help to the petitioner and the other parent can reach an agreement outside of court.
Modify an Existing Order: If circumstances change (e.g., the custodial parent moves away or prevents visitation), the petitioner can ask the court to modify the order.
Police Intervention: Police generally do not enforce child visitation orders in Texas as these are civil matters. However, if there is an immediate risk to the child’s safety or a court order is being violated, the police can intervene.
In Conclusion
Getting visitation rights in Texas can be challenging, but it’s possible if you follow the right legal steps and the help of a family lawyer who can guide and assist through the case. The most important thing to keep in mind is that courts prioritize what’s best for the child. If you have a strong relationship with the child and can show that visitation will benefit them, your chances of getting a court-approved schedule are much higher.
Need help with your custom or standard visitation schedule in Texas? Mokolu Law Firm is here to support you every step of the way.
by Mokolo LawAnnulment vs Divorce in Texas
When considering the end of a marriage, individuals often confuse annulment and divorce because both legally dissolve a marital relationship. And they find themselves weighing the options between the two. However, they have distinct legal effects and requirements. Both processes are subject to specific legal grounds and procedures under the Texas Family Code.
by mokololawJust Got Served in A Family Law Case?
A guide on what to do when you get served on a family law case.
by mokololawHow to get an UNCONTESTED DIVORCE with No Children & No Property in Harris County
A guide to filing and completing your uncontested divorce in Harris County.