Warren & Migliaccio, L.L.P.

Dallas Family, Bankruptcy and Personal Injury Lawyers

Follow Us!
Call For A Free Consultation - (888) 584-9614
  • Meet Us
    • Client Testimonials
    • Meet Christopher
    • Meet Gary
  • Bankruptcy
    • Chapter 7 Bankruptcy
    • Chapter 13 Bankruptcy
    • Bankruptcy Myths Debunked
    • Benefits of Bankruptcy
      • Stop Creditor Harrassment
      • Keep Your Property
      • Stop Foreclosure
      • Eliminate Credit Card Debt
    • Bankruptcy Video Center
    • Why Meet with Chris?
    • FREE Bankruptcy E-Book
  • Divorce Issues
    • Divorce
      • Contested Divorce
      • Military Divorce
      • Divorce Timeline
    • Spousal Maintenance and Support
    • Divorce Roadmap
    • FREE Divorce E-Book
  • Child Issues
    • Child Custody Attorneys
      • Types of Child Custody Orders in Texas
    • Child Support Modifications & Enforcements
    • Child Support: The Details You Should Know
  • Personal Injury
    • Premises Liability
    • Motorcycle Accidents
    • Medical Malpractice
    • Auto Accidents
  • Tips and Advice
    • FAQs
    • Articles
    • Blog
    • Get Tax Transcripts or Tax Returns
    • Get Your Free Credit Report
  • Take The Next Step
    • Richardson Office
    • Dallas Office

Dallas Divorce Attorney Predicts Change Following Decision on Prop 8

Post by Christopher Migliaccio

July 5, 2013 – Dallas – The Warren & Migliaccio, L.L.P. law firm is gearing up to see more cases involving court decisions on gay marriage. With the historic U.S. Supreme Court decision on the unconstitutional nature of Section 3 of the Defense of Marriage Act (DOMA) on June 26, 2013, and two major same-sex divorce cases awaiting decision at the Texas Supreme Court, the state of the ban on gay marriage in Texas is expected to heat up. 

The firm’s lead family law attorney, Gary Warren, sees the DOMA repeal as a move toward major changes in Texas laws for marriage, divorce and child custody. “The issue of obtaining a divorce in Texas for a same-sex couple is still a question to be determined by the Texas Supreme Court,” he stated. “However, the ruling today may assist in the final outcome of the cases involving the issue of the standing of same-sex couples married in another state and seeking to dissolve their marriage in Texas.” 

Currently, Texas law defines marriage only as, “the union of one man and one woman” and specifically states that no legal status identical or similar to marriage may be created or recognized. This has led to the two cases currently before the Texas Supreme Court in which same-sex spouses married another state can be granted a divorce when the state does not recognize theirs as a valid marriage. 

“The issue of whether a same-sex couple can divorce in Texas is yet to be decided.” said Mr. Warren. “However, the opinion today will make it much harder, or impossible, based on the full faith and credit given laws and ruling of other states under the U.S. constitution for the Courts in Texas, to deny same-sex couples access to the courts to dissolve their marriages. In this regard, the ruling will have, in my opinion, a major and dispositive impact.” 

The Effect of the DOMA Repeal On Child Custody and Adoption in Texas 

Adoptions by same-sex couples in Texas have been legal, and the laws continue to evolve as more of these cases arise. Cases of child custody between same-sex parents will continue to be based upon the regular factors of custody, such as the general parental rights for biological or adoptive children, financial stability and above all, the best interests of the child. 

Mr. Warren says that same-sex couples seeking to adopt can do so on the same grounds as a married couple of opposite sexes. The trouble he now sees most often is that due to the practice of listing only one parent on the child’s birth certificate when a child is born to or adopted, the custody ruling typically falls to the biological or birth certificate parent by default. “It can be a gut-wrenching experience,” he says, “because the biological parent may not be the parent who should have custody in such situations.” 

With the Supreme Court’s decision on Prop 8 in California now heralded as a potential catalyst for support in other states, Texas same-sex couples will continue to wait for new legislation to arise for their equal rights. Until Texas comes to a new court decision on gay marriage, Mr. Warren urges same sex couples to seek professional advice when dealing with any legal matters in which marital status is involved. 

About Dallas Family Law Attorney Gary Warren 

Gary Warren is the lead family law attorney at the Warren & Migliaccio, L.L.P. Dallas divorce and bankruptcy law firm. For more than 20 years, Mr. Warren has helped Dallas families with matters of divorce, child custody, and support agreements and modifications. 

The family law team at Warren & Migliaccio, L.L.P. puts the needs of the family first when it comes to settling the delicate matters of divorce, custody and support. Mr. Warren strives to make family law cases as simple and fair as possible to avoid adding additional burdens to the family. 

Mr. Warren is the author of Untying the Knot: Your Guide to Getting Divorced in Texas, which is available free to download online. For more free information on Texas divorce and family law matters, visit the Warren & Migliaccio, L.L.P. website at www.wmtxlaw.com. 

Article Category: Family Law

Contact Us For Free Initial Consultation





Practice Areas

  • Plano & Richardson, Texas – Bankruptcy Lawyers
  • Chapter 7 Bankruptcy Attorney
  • Chapter 13 Bankruptcy Lawyer
  • Child Custody Attorneys
  • Child Support
  • Divorce
  • Family Law
  • Spousal Support
  • Personal Injury

Recent Posts

  • Bankruptcy: 4 Basic Steps
  • How Mediation Works
  • 5 Signs That Bankruptcy May Be Warranted
  • Divorcing an Alcoholic Spouse in Dallas, Texas
  • Medical Debt Bankruptcy in 2013: A Gloomy Perspective

Locations

Richardson/Plano Office

3600 Shire Blvd #205
Richardson, Texas 75082

(972) 600-2680

Dallas Office

10440 N Central Expy #800
Dallas Texas 75231

(214) 556-1038

Follow Us


More Resources
Blog
Articles

Google Rating
4.7
Warren & Migliaccio, L.L.P.
Warren & Migliaccio, L.L.P.
4.7
Angela MyLife
Angela MyLife
15:02 07 Jun 17
We worked with Chris and other staff. Chris from the start really worked with us as we were unsure what to do next and what was the best option for us. Chris spent a great deal of time with me on the phone, over email as well as meeting with my husband and I in his office. It can be scary to have the unknowns as we did and he really helped. When dealing with things you just don't know about you have to find someone you can trust to lean on and let them handle it; you can't be an expert on everything. The staff were so helpful and there was never a question on what we needed to get them or needed to do during the process. We were prepared 100% for what was to come and even months after the staff was quick to follow up to make sure that we did not have any questions or have anyone contacting us. They even helped figure out the 'what next' and 'where to go from here' that comes up. I would recommend them to anyone finding themselves facing financial struggle and trying to decide what to do. They give a free consultation over the phone or in the office; worth the call to find out your options.
Emma Radcliff
Emma Radcliff
21:41 02 Jul 16
I recommend Warren and Migliaccio to anyone who like myself, had no idea of what to do next. They were open and honest to me about my bankruptcy. They took time and explained the whole process to me beforehand. I was treated I'm sure, as their more prominent clients even though I'm a single senior with a limited income. They helped me maintain my dignity and I'm sure my sanity too.
Richard Parker
Richard Parker
23:23 27 Jun 16
I worked with Chris Migliaccio to resolve a debt matter. He is a professional and knowledgeable attorney that was easy to work with. He has excellent negotiation skills. I highly recommend him.
Jodi Wiethorn
Jodi Wiethorn
14:54 15 Oct 15
I would strongly recommend anyone needing a family law attorney use this office. The staff is so friendly, helpful, and knowledgeable. Gary Warren and Ryan Bauerle were the ones that helped me with a very rough child custody case and they were absolutely amazing. They are very nice guys but they will fight for you!!! I am truly happy that I used them for the case, I could not have asked for a better attorney! Ryan helped me and my husband so much and explained everything so well to us! I can't thank them enough for all they did for me and my family! So anyone please take my advice, if you need a family law attorney give Ryan a call!!!
Sandy Thomas
Sandy Thomas
01:17 03 Feb 15
Everyone in this attorney's office was wonderful! We had one matter that we needed assistance with last year, but they were not able to assist us with it, however Christopher Migliaccio was kind enough to provide us with a list of attorneys who would be able to help. Over the last couple of weeks, we decided to update our wills and powers of attorney and it could not have been any easier to do. They made it so we only had to make one trip to their office to take care of everything. If we need anything else, I would be most happy to do business with them again!
See All Reviews
powered by Google
 
Yelp Rating
4.5
Warren and Migliaccio, LLP
Warren and Migliaccio, LLP
4.5
Angela H.
Angela H.
2015-07-13 09:17:49
They work with the little man. Mrs. Doss is very kind and understanding. She gives her all. Mr. Chris loves helping others and does his job to ensure...
Maria R.
Maria R.
2014-06-12 09:05:00
I searched for a local attorney on Google to prepare some Estate Planning documents and I came across Warren and Migliaccio, LLP. I called the number...
Lauren A.
Lauren A.
2014-07-28 14:15:41
Ryan Bauerle, and everyone at Warren & Migliaccio are top tier attorneys. Ryan is expedient, professional, courteous, and when the situation warrants, a...
Yelp logo

Pick a Topic and Empower Yourself

  • Bankruptcy
  • Chapter 7 Bankruptcy
  • Chapter 13 Bankruptcy
  • Child Custody
  • Child Support
  • Personal Injury
  • Divorce
  • Divorce & Your Children
  • Family Law
  • Stop Foreclosure
  • Spousal Support
  • Auto Accidents
HomeDisclaimerPrivacy PolicyTerms of UseContact UsSite Map
© 2018 Warren & Migliaccio, L.L.P. All Rights Reserved