Soulsby Law serves clients in San Antonio, Bexar County and throughout the state.

LGBTQ Family Law Attorneys: Everyone Deserves Experienced Representation

Last updated on June 3, 2026

When the U.S. Supreme Court recognized the right of people in Texas and the rest of the country to get married regardless of their gender and sexual orientation, it was a historical moment. For the first time in history, members of Texas’ LGBTQ community could marry whomever they wished. Today, they enjoy the same legal marriage rights as everybody else.

At Soulsby Law, we are proud to provide experienced and compassionate family law representation to San Antonio’s LGBTQ community.

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Full-Service Divorce Attorney For LGBTQ Clients

We will work closely with you to understand your individual needs and base our strategy accordingly. Turn to us for practical advice and proven negotiation and trial skills related to:

Property division
Spousal support – commonly known as alimony
Child custody and visitation rights
Child support

Child custody and visitation may be especially complex matters in cases where one spouse is the children’s biological parent, and the other spouse never formally adopted the children. The nonbiological parent may struggle to establish parental rights. At Soulsby Law, we will work hard to reach a child custody and support order that is in the best interests of your children.

While LGBTQ divorce is generally the same as dissolving a heterosexual marriage, there may be unique aspects to your case that require the attention of a divorce lawyer who regularly handles such legal issues.

As your attorney, Kate Soulsby will personally take care of everything you need to complete your divorce process the right way. We also provide other family law services.

Prenuptial & Postnuptial Agreements

A prenuptial or postnuptial agreement can benefit same-sex spouses as they begin their married life together. This document will designate assets owned by the individuals before the relationship and help create a fair division.

Asset Division & The Power of Retroactive Common Law Marriage

Property division in a same-sex divorce carries a massive, unique legal wrinkle in Texas. Because federal marriage equality was established by the Supreme Court in June 2015, many couples who have shared a home, built businesses, and blended assets for decades have only been “officially” married for a fraction of that time. Under standard Texas divorce rules, the court only divides community property acquired during the legal marriage.

However, Kate Soulsby utilizes an aggressive, sophisticated Texas legal strategy to protect her clients: Arguing for a retroactive Common Law (Informal) Marriage.

Texas is one of the few states that legally recognizes common law marriage. To prove an informal marriage existed before 2015, we must demonstrate that you and your partner:

Agreed to be married;
Lived together in Texas as a married couple; and
Represented yourselves to others as married (holding out to the community).

According to the Texas Department of State Health Services, couples can declare an informal marriage using any historical date applicable to their relationship. If we can successfully prove your common law marriage dates back to 2005 or 2010 instead of 2015, the pool of “community property” may expand exponentially. This protects your right to an equitable share of retirement accounts, real estate values, and investments built across the actual duration of your life together.

Overcoming the Non-Biological Parent Crisis: Custody & Visitation

One of the most emotionally challenging areas of LGBTQ+ family law involves seeking custody or visitation as an LGBTQ non-legal parent. If a child was born to or adopted by only one partner during the relationship, the non-biological or non-legal parent can face steep legal hurdles in a breakup. If your name is not on the birth certificate or an adoption decree, Texas courts do not automatically recognize your parental rights – leaving you vulnerable to losing access to the children you raised.

There is actionable hope, and you do have options. Soulsby Law helps families navigate these complex custody dynamics through established legal pathways:

Second-Parent Adoptions: If you are currently married or co-parenting, securing a second-parent adoption is the absolute gold standard for locking in your legal rights. It ensures that both parents have equal, permanent legal status that cannot be stripped away in the event of a future dispute or medical emergency.
Co-Parenting Agreements & SAPCR Standing: If you are currently facing a separation as a non-biological parent, Texas law allows non-parents to file a Suit Affecting the Parent-Child Relationship (SAPCR) under specific circumstances. If you have had actual care, control, and possession of the child for at least six months ending within 90 days of filing the suit, Kate Soulsby can fight to grant you legal standing, allowing you to seek court-ordered custody, visitation rights, and a meaningful schedule with your children.

What Are The Fertility Options For LGBTQ Couples?

There are plenty of options available for same-sex couples who want to start a family. They include the following:

• Adoption
• Artificial insemination with a sperm donor
• Fostering a child
• Gestational surrogacy with egg donation
• In-utero insemination or IUI using donor sperm
• In-vitro fertilization or IVF using a gestational surrogate using an egg donor, sperm donor, or embryo donor
• Reciprocal IVF with one partner carrying the baby while the other donates an egg

Guidance Through Adoption

Adoption can be complex legal proceeding. If you are adopting your spouse’s biological children, or the two of you are adopting a child together, we can help guide you through the process.

What If Both Partners Want A Genetic Connection To The Child?

Some LGBTQ couples are perfectly fine with adopting a child who needs a stable, loving home. However, some might prefer to have a child they can say is biologically theirs. LGBTQ family law allows for one parent to donate an egg or sperm while the other has a close relative donate as well. For example, if a gay couple wanted a child and one partner donated sperm, the other partner’s sister could donate an egg. The couple could have an embryo created and then hire a gestational surrogate who could carry their baby. This would give both partners the chance to have a child that is genetically connected to both of them.

Seeing a fertility specialist is a good option for some couples as well. Transgender people might want to look into potential options for fertility if they prefer having a child who’s genetically theirs.

For Growing Families: The Texas Birth Certificate Process

For lesbian couples planning to expand their family utilizing a sperm donor, establishing legal protection starts at birth. While a voluntary Acknowledgment of Paternity (AOP) is strictly reserved by the Texas Attorney General for biological fathers and cannot be used by same-sex couples, there are precise steps required to ensure the non-birthing mother is properly protected.

If the couple is legally married at the time of birth, Texas law presumes the non-birthing spouse to be a legal parent. However, because hospital administrative procedures can vary and this presumption can still be legally challenged later, relying solely on the birth certificate is a dangerous gamble. Soulsby Law guides expectant parents through structured gestational agreements and swift confirmatory adoptions immediately following birth to permanently secure your parental rights under Texas law.

Discuss Your Legal Needs With An Experienced Attorney

Call our San Antonio office at 210-714-4830 or email us to schedule an initial consultation with attorney Kate Soulsby.