San Marcos, TX LGBTQ Divorce Lawyer

Recognized & Trusted

For same-sex parents, the single best protection in a divorce is one many never completed: a confirmatory adoption. In San Marcos, SMB Law, PC explains why it matters and helps parents secure their rights. A San Marcos LGBTQ divorce lawyer knows a confirmatory adoption is the strongest protection a non-biological parent can have, and helps you complete it. Shane has been licensed since 2003 and personally helps Central Texas same-sex parents lock in their rights.

San Marcos couples who both raised a child, but where only one is biologically related, often assumed marriage made them both legal parents. At divorce, they learn it may not have.

Where a San Marcos LGBTQ divorce is handled

San Marcos is the seat of Hays County, so the divorce and any parentage or adoption matter are filed with the Hays County District Clerk at the Government Center in San Marcos.

Why a confirmatory adoption protects both parents

A second-parent or confirmatory adoption is a court order making the non-biological spouse a full legal parent of the child. Its value is that it is durable and portable: unlike the marital presumption — which can be challenged and may not be honored the same way in every state — an adoption decree is a court judgment entitled to recognition everywhere. For same-sex couples, this matters enormously at divorce. A non-biological parent who completed a confirmatory adoption walks into the divorce as an unquestioned legal parent, with the same rights to conservatorship and possession as any parent. A parent who relied only on marriage may instead face a fight over standing and parentage before the real custody issues are even reached. We counsel San Marcos couples — ideally before any conflict — to complete a confirmatory adoption, and where a divorce is already underway without one, we work to establish the non-biological parent’s rights through every avenue Texas provides. Protecting the parent-child bond is the priority.

The protection that outlasts the marriage

The reason we urge San Marcos couples to complete a confirmatory adoption is precisely that it keeps working when the marriage does not. A parent-child relationship that rests only on being married to the biological parent is exposed the moment the marriage dissolves — the very time a child most needs stability with both parents. An adoption decree removes that exposure permanently: the non-biological parent is a legal parent regardless of the marriage’s fate, regardless of which state the family later lives in, and regardless of any later attempt to relitigate parentage. For couples still together, it is the single most valuable step they can take, and it is far easier to complete in calm times than in a divorce. For those already in a divorce without it, we pursue the available parentage and standing routes vigorously — but we are honest that they are a harder road than the adoption would have been. Either way, our focus in San Marcos is preserving a child’s right to both of the parents who have raised them.

Working with us from San Marcos

Our office is about 30 miles northeast in downtown Austin via I-35. We handle most San Marcos LGBTQ divorce matters by phone, video, and e-signature.

At SMB Law, PC you work directly with attorney Shane M. Boasberg, who has represented Texans for more than two decades and has been licensed by the State of Texas since 2003. We handle every LGBTQ divorce with respect and discretion, explain things in plain English, and keep you informed from your first confidential consultation through final resolution.

Why clients choose SMB Law, PC

• Direct attorney access — you talk to Shane, licensed since 2003, not a call center.
• Respectful, informed advice on the issues unique to same-sex divorce.
• Transparent fees explained before you commit.

What working with us looks like

1. Confidential consultation to understand your marriage, your family, and your goals.
2. The full picture — marriage timeline, property, and each spouse’s parentage confirmed.
3. Negotiation or court to resolve property, support, and children fairly.
4. A final decree that protects your rights and can be enforced.