Does the Court Have to Grant My Same-Sex Divorce?

It is always the Judge’s choice in Texas whether to grant or deny a divorce. However, a court cannot deny a divorce on the basis that a couple is the same gender.

How Long Will My Same-Sex Divorce Take?

If the divorce is uncontested, meaning, both spouses have signed the final papers and mutually want to be divorced on the same terms, then the divorce with our Firm takes 60 days. If the divorce is not agreed, meaning the spouses need attorney or court intervention to help them decided on parental rights or estate division, then the divorce can last over a year.

Will I Be Treated Well When I Call a Law Firm For a Same-Sex Divorce?

You will be treated with outstanding care if you call Cook & Cook Law Firm.

Will I Be Treated Fairly When I Go to Court?

Yes, since the Supreme Court’s passing of the right to Same-Sex marriage, I have opened and closed several same-sex divorces in Bexar County, and South Texas.

I have not had a client be treated by a Judge or Staff in any Same-Sex divorce any differently than a heterosexual divorce.

Do Both of Us Have to Go to Court for Our Same-Sex Divorce?

No, in an agreed divorce case only one spouse will go to court.  In a contested divorce where you both do not agree to the terms, then both spouses will be required to attend court, yes.

Will My Same-Sex Divorce Be In Front of Many People Watching?

In an agreed divorce, the hearing is very fast, and usually no one really hears the testimony because it is right in front the judge, standing before his podium. Other people often cannot hear what the testimony is.

In a contested divorce case, most often only you and your spouse as the lawyers will be present in Court before the Judge and Bailiff. Other people are generally not in the courtroom.

Can I Start My Divorce Without Going in Person?

Yes, you can file your divorce with Cook & Cook right on our website here.

How Much Does Same-Sex Divorce Cost?

The cost of our Same-Sex Divorce (and all other divorces) can be located here.

Prices

How Soon Can I Remarry?

You must wait 30 days after getting divorced to get remarried in Texas.

What Will the Judge Say to Me at the Final Hearing of My Divorce?

The Judge will say the standard things, such as “your divorce is being granted” and may ask you if you are changing your name or whether you are pregnant or pending in bankruptcy.

How do I Reach The Author of This Page?

Megan Cook- (210) 271-2800.  [email protected] (direct email to Megan)

In 2017, according to pewresearch.org,  a majority (61%) of same-sex cohabiting couples are now married, up from 38% before the ruling.

That right to be divorced is something I’ve told clients about for years. Fortunately I can also say it to same-sex couples.  Before the Supreme Court changed the law to allow for same-sex marriage, this importnat right to be divorced did not apply to an entire group of people.