Houston, TX family law attorney Kristy M. Banda talks about the unique issues that can arise in LGBTQ+ divorces. She explains that her hope is that, over time, there will be no distinction in how family law matters are treated between LGBTQ+ couples and opposite-sex couples. Thanks to the Obergefell decision from the U.S. Supreme Court, individuals in same-sex relationships now have the same right to marry—and divorce—as anyone else. In her practice, she approaches all divorce cases the same way, regardless of the couple’s gender or sexual orientation.

That said, she notes that LGBTQ+ family law cases often present unique issues, particularly involving adoption, assisted reproduction, or sperm and egg donation. For example, in same-sex female couples, one partner is often the biological mother while the other is not. When those relationships dissolve, disputes sometimes arise if the biological parent attempts to challenge or sever the parental rights of the non-biological parent.

She observes that these complexities occur more frequently in LGBTQ+ cases, though they are not exclusive to them. Ultimately, she hopes that courts—and society as a whole—will continue to move toward full equality in how all families are treated, ensuring that LGBTQ+ families are afforded the same respect, protection, and legal recognition as any other family.