LGBTQ Family Law

Our founding attorney, John P. McCall Jr. believes every family is unique, special, and deserves access to excellent legal representation regardless of their sexual or gender orientation. Having taken special interest in the rights of the LGBTQ community in Dallas, John McCall has become a leading authority in the areas of gay separation, same-sex child custody, same-sex divorce, same-sex adoption and has represented countless LGBTQ clients in dissolution actions involving property, investments, retirement accounts and property division.
LGBTQ family law evolves and changes quickly in the fight or equality. There is a litany of blogs and other material online to educate yourself on your rights but it is critical that you engage a knowledgeable and experienced LGBTQ family lawyer that stays up to date on the relevant issues and subtle changes in this challenging area of law and how they play out in real court setting, in real life, today.
The Law Offices of John P. McCall Jr. is a proud member of the Dallas LGBTQ Bar Association, has been featured in the Wall Street Journal, quoted in several other legal journals and frequently offers insight to other lawyers and judges in the Dallas-Fort Worth area. If you need legal guidance for any gay, lesbian or LGBTQ family law matter contact the Law Offices of John P. McCall Jr. as soon as possible to schedule and appointment. Attorney John P. McCall Jr. is committed to being the best family lawyer for the gay, lesbian, bisexual, and transgender community in Dallas.

LGBTQ Family Law Legal Assistance

Even though there is no question now about the legality of same-sex marriage in Texas, the processes of family law disputes do regularly raise legal questions that may be difficult to resolve until the Texas Civil Code is rewritten and clarified. Gay and lesbian couples in Dallas going through a divorce may end up in court debating child custody, child support, property division, spousal maintenance, entitlement to retirement accounts and the list goes on. The challenge lies in determining which laws apply to same-sex marriage. In theory, with the legalization of same-sex marriage, all of the same laws that govern opposite-sex family law matters should apply but that concept is still being tested in court to this day. If you need help with your same-sex marriage or LGBT family law matter it is crucial that you work with an attorney that stays up to date with this complex and constantly evolving area of law.

Discuss Your Case with an Experienced LGBTQ Family Law Attorney

When you are looking for a gay friendly family law attorney it is important to choose one that can empathize with your situation. What is even better is working with an attorney that understands first-hand the unique challenges that the LGBT community faces when seeking fair and equal representation. John P. McCall Jr. begin practicing family law over 20 years ago in Dallas with a focus on serving the gay and lesbian community. Because of his service to this community, he was featured in The Wall Street Journal as early as 2008 in an article discussing gay marriage and divorce. As a member of the Dallas LGBT Bar Association, he has a long history of fighting and winning hard battles in the courtroom for his clients. He has been in the trenches advocating for equal treatment under the law and has represented several clients whose sexuality was used against them by an ex-spouse and through these cases has been a pioneer in shifting the narrative in Texas to one where “judges evaluate gay parents on how they care for their children, instead of basing decisions on their sexuality.” -Dallas Voice, 2013
In an effort to greater serve his community in 2016 Mr. McCall accepted an appointment to Associate Judge and Magistrate for City of Dallas.

Same Sex Divorce

Attorney and Associate Judge and Magistrate, John P. McCall Jr. has personally handled thousands of divorces in the Dallas-Fort Worth metroplex. A significant portion of those cases, stretching back from 2003, have involved same-sex, gay, or lesbian couples. With this extensive background in LGBTQ family law Mr. McCall understands the nuances and complexities that can arise when working through these cases. Imagine the peace of mind you will experience when you can sit down with a divorce attorney who has seen your case play out dozens of times in Texas courts. Being represented by a divorce lawyer with this level of experience will ensure the best possible outcome for you. You will save time and money by avoiding costly mistakes and benefit from counsel that knows when to settle and when to litigate. Every family is unique, special and deserves to be treated with compassion, respect and sensitivity. In a divorce it is also important that LGBT couple also seek representation by an attorney actively involved in the gay community that will fully protect their rights and interests in court. Since the 2015 Supreme Court decision ruling that same sex marriage was a right in all 50 states LGBT couples have enjoyed equal rights and protections under the law. However, because same sex marriage is recognized, so is same sex divorce. Legally married, same sex couples in Texas are also subject to the same laws relating to property division, child custody, spousal support and other areas of family law surrounding divorce. These situations can get complicated when couples lived together for years under common law marriage, got legally married in a different state before 2015, came back to Texas and now want a divorce. The challenge is to prove when the marriage began and when marital property was acquired.

Do I need a gay divorce lawyer for a gay divorce?

The short answer is no. While Mr. McCall is intimately family with the LGBTQ community in Dallas and brings that valuable perspective to his role in the local judiciary as an Associate Judge and Magistrate, he emphasizes the importance of working with an attorney that not only understands your legal problem but can also empathize with your perspective. So while it is universally recognized that you absolutely do not need a lawyer who is gay themselves to help you with a gay divorce, many clients choose the Law Offices of John P. McCall Jr. for that exact reason. Every divorce lawyer will do their best to fully represent their client’s interests, but Mr. McCall has taken on many clients that have gone through several so-called “gay-friendly” attorneys in Dallas unable to find a highly skilled divorce lawyer that can also see the world through their eyes.
You want someone on your team who understand how sensitive public records are. Clients are worried that employers, or other prying eyes, will find their name online. When the Law Office of John P. McCall Jr. files your divorce that won’t happen. Your private life shall remain private.
Our clients get comfort knowing their divorce attorney can relate to their personal dynamics, understand the different ego’s, emotions and finances.
Whichever divorce attorney you choose, you will be sharing intimate details of your life to aid in your case. No two couples are the same but it’s good to be able to fully disclose your situation to your attorney and know your lifestyle patterns will not feel embarrassing.
You will find many gay friendly and LGBT divorce attorneys in Dallas since 2015. You should be represented by the one that has been defending the rights of the Texas LGBT community before it was cool.

The Law Office of John P. McCall Jr. can help with these Same Sex Divorce issues.

You were married in another state and need a same-sex divorce in Texas.

You were married in Texas and need to file for a separation, divorce or annulment in Texas.

You’re a Texas resident and you’ve been served divorce papers.

Same-Sex Marriage and Common Law Marriage

This is one of the most frequent questions regarding same sex relationships in Texas. Common Law marriage and its requirements are clearly defined in the Texas family code but there is a lot of misinformation and “water cooler counsel” that turns an otherwise simple matter into a legal gray area for many people. To be considered “common law married” in Texas you must:

1. You cohabitate as a couple for a minimum of two years.

2. Hold yourself out as married to each other.

3. Hold yourself out as married to others *

*(Tax returns and Health Insurance)

As long as all three of those requirements are fulfilled simultaneously then, as far as the law is concerned, that makes a common law marriage. Many people will still ask “if we did this or that (like have children or buy a house) are we common law married?” The answer is always: did you fulfill the three requirements set out by the Texas family code? How this really affects the LGBTQ community in Texas is prior to the 2015 Obergefell decision many same sex couples chose to establish common law marriages in lieu of a formal marriage. Then after same sex marriage (and same sex divorce) was recognized they went that route, but the key factor is that according to the Texas Department of State Health Services a same sex common law marriage is valid and can predate a formal, post-2015 marriage. Establishing when exactly a common law marriage was formed determines what is considered separate or community property and benefits like retirement and social security. If you are involved in a same sex common law marriage that predates 2015 and are now seeking a divorce schedule a consultation with the Law Offices of John P. McCall Jr. to find out exactly how the divorce laws will apply to your situation.