Same-Sex Divorce in Collin County

Over 30 Years of Texas Family Law Experience, with Financial Depth That Sets This Firm Apart

Same-sex couples in Texas have the same legal rights in divorce as opposite-sex couples, a rule established by the U.S. Supreme Court’s Obergefell v. Hodges decision in 2015. What the law doesn’t account for is the practical complexity that arises when a couple’s relationship predates legal recognition, when property was accumulated before marriage was an option, or when parental rights rest on something other than biology or a formal adoption. Lisa Baker Canterberry, Attorney At Law handles same-sex divorce in Collin County with a background that goes beyond standard family law: Attorney Canterberry holds a forensic accounting background and passed the CPA examination in 1987, credentials that apply directly to tracing and classifying assets when the start date of a marriage is disputed or contested. With offices in Richardson and McKinney and more than 30 years of Texas family law practice, the firm serves clients throughout Collin County and represents them personally, not through associates or paralegals.

Same-sex divorce clients throughout Collin County can schedule a free consultation directly with Attorney Canterberry by calling (214) 367-5026 or submitting the online contact form.

Why Same-Sex Divorce Can Be Legally Distinct in Texas

Texas is a community property state, meaning most assets and debts acquired during a marriage are generally owned equally by both spouses. For same-sex couples, determining when the marriage legally began is often the first contested question. A couple who lived together for years before 2015 may have built a substantial financial life together, yet that period may or may not qualify as part of the marriage for property classification purposes.

Texas does recognize common-law marriage. For same-sex couples, establishing a common-law marriage that predates Obergefell requires showing an agreement to be married, that the couple lived together in Texas as a married couple, and that they held themselves out publicly as married. Each element can be disputed, and the date that results from that determination affects how assets are classified and how spousal maintenance is calculated. Couples who were legally married in another state before Texas recognized same-sex marriage may face additional questions about which state’s law governs asset classification. Filing for divorce in Collin County requires at least one spouse to have resided in the county for 90 days and in Texas for six months. Texas also imposes a mandatory 60-day waiting period after a petition is filed before a court can finalize the divorce, and contested cases involving property or custody disputes generally take longer.

Key Legal Issues in a Same-Sex Divorce

Three areas require particular attention in same-sex divorce proceedings in Collin County.

Property & Asset Division
Classifying property as separate or community depends largely on when the marriage began. When that date is unclear or disputed, documentary evidence of the relationship timeline becomes essential. Attorney Canterberry’s forensic accounting background applies directly here: tracing the origin and timing of assets, reviewing financial records, and building the factual case for how property should be characterized requires financial analysis that most family law attorneys refer out to outside accountants.

Spousal Maintenance
Texas courts weigh the length of the marriage when determining whether a spouse qualifies for maintenance and for how long. For same-sex couples, making the case that the effective marriage length extends beyond the date on the marriage certificate may require documentary support and legal argument. That case has to be built, not assumed.

Conservatorship & Parental Rights
Texas uses the term conservatorship for what most people call child custody, and courts decide conservatorship based on the best interest of the child. A non-biological parent who hasn’t legally adopted the child may not have automatic legal standing to pursue conservatorship or visitation rights. Establishing parentage through a valid surrogacy agreement, a completed adoption, or by demonstrating a recognized de facto parental role needs to be addressed before custody can be resolved. If one spouse gave birth during the marriage and the other hasn’t formally adopted the child, that gap needs to be addressed early in the process.

What Attorney Canterberry Brings to Same-Sex Divorce Cases

Attorney Canterberry has practiced family law since 1991 and opened her own firm in 1992. She has represented clients in negotiation and in the courtroom across Collin, Rockwall, and Denton counties and holds an AV Preeminent rating, the highest peer-review rating available from Martindale-Hubbell, along with recognition by Super Lawyers in 2023. Her forensic accounting background and CPA credential bear directly on the asset-tracing and property-characterization questions that arise when marriage timelines are disputed.

Attorney Canterberry also brings personal experience with the legal system, which gives her a grounded understanding of what clients are navigating emotionally and practically during a divorce. At Lisa Baker Canterberry, Attorney At Law, clients work directly with Attorney Canterberry from the first consultation through resolution. No junior associates handle strategy. No paralegals become the primary point of contact. The attorney who knows the case is the attorney making decisions and communicating with the client throughout.

Schedule a Free Consultation for Your Same-Sex Divorce

Every same-sex divorce in Collin County involves its own combination of financial history, relationship timeline, and family circumstances. A free consultation with Attorney Canterberry can be the right starting point to understand how Texas law applies to the specific situation and what issues may need to be addressed before filing.

Lisa Baker Canterberry, Attorney At Law serves same-sex divorce clients throughout Collin County, including Allen, McKinney, Plano, and Richardson. The firm is family-owned and operated, and Attorney Canterberry handles each case personally. To schedule a free consultation, call (214) 367-5026 or submit the online contact form.