Same-sex and Non-traditional Families Attorney in Dallas, Texas

What issues do you see in the dissolution of same-sex and non-traditional families?

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you know I mean they’re gonna same-sex
marriages are going to have the same
issues that any other marriage has but
what’s going to be interesting now is
what I think one of the most interesting
areas is going to be in a situation of
count what’s generally known as
common-law marriage so the big case that
you had come down from the Supreme Court
was Oberkfell okay that basically made
it the law of the land that you could
have same-sex marriages so in a
heterosexual marriage situation you
could have people that were living
together and holding themselves out as
husband and wife but had not actually
been formally or ceremonially married
that could trace back informal marriage
to the date that they began holding out
so in a same-sex case what happens there
if let’s say that you’ve got a couple
that’s been together for twenty years
okay
but oak burr fell just came out what two
three years ago well so you’ve got this
seventeen year period that there hasn’t
been any determination on what to do
about that and so what all can that
affect well the big area is property
division let’s say that you’ve got one
of the folks that’s a big muckety-muck
with IBM and so they’ve got you know all
kinds of stock grants and all kinds of
stock options that have different
vesting schedules so we’re not just
talking about what could happen since
Oberkfell and let’s say that they got
married the day after okay so let’s say
they’ve been married for you have two
years two and a half years all right
that stuff’s easy but what do you do
about all these other years where they
were holding themselves out as husband
you know husband and husband or a wife
and wife or you know spouse and spouse
would however you term it that makes it
really really interesting and I don’t
know how that’s going to work out you
know you might end up in a situation
where Texas tries to take a hard-line
stance and not recognize that which I
think is asinine and would just be would
be horrible law and would give would
give rise to lots of loss
in in the federal court system and
frankly I think with the the current
political climate in Texas I think
that’s very likely to happen especially
with you know all the right-wing folks
that are holding statewide office but I
think that’s likely to happen but what’s
that law going to be in Oklahoma I have
no idea so how do you treat it if you’ve
got let’s say you’ve got a situation
where people got got married in Texas
but they were living together and
holding themselves out in the state of
Oklahoma how do you deal with that boy
that’s a great question and I don’t know
and so you’re gonna end up I think with
different rulings by different judges in
in the same County much less you know
various courts of appeals in the state
of Texas and I mean so it’s I think
you’re gonna end up with a little bit of
a situation of the wild wild west that
you know you’re gonna end up with some
some well-heeled folks that have got a
pretty fair amount of money that are
gonna they’re gonna fight about some
stuff you know coming into in the years
to come so I would think within the next
five years it’s going to get real
interesting on a lot of different
property cases and and how those are
handled

Dallas high-net-worth divorce attorney, Mark Scroggins, talks about various issues he sees in the dissolution of same-sex and non-traditional families. He explains that same-sex marriages in Texas face the same legal issues as any other marriage, but one of the most intriguing areas is how common-law marriage will be treated. He references the landmark Supreme Court case Obergefell, which legalized same-sex marriage nationwide. In heterosexual situations, couples could establish a common-law marriage by living together and holding themselves out as husband and wife, even without a formal ceremony. But with same-sex couples, there’s now a question of how to treat the years they lived together before Obergefell became law.

For example, a couple might have been together for twenty years, but the ruling only came down two or three years ago. How do you handle the seventeen years before legalization? The issue becomes particularly significant in property division, especially if one partner has substantial assets such as stock grants, stock options, or other investments with vesting schedules. Assets acquired after the legal marriage are straightforward, but what about the years they were holding themselves out as spouses?

He notes the potential for Texas to take a restrictive stance on recognizing pre-Obergefell relationships, which could lead to inconsistent rulings across courts. He points out that the situation could become even more complicated when considering couples living in different states, such as Texas and Oklahoma, and how each state might recognize—or refuse to recognize—these relationships.

In his view, this is likely to produce a “wild west” scenario over the next several years, especially for high-net-worth couples who have the resources to contest these issues. He predicts that property disputes involving pre-Obergefell common-law relationships will become increasingly complex and contested in Texas courts.

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