Same Sex Separations in Texas

Texas does not recognize same sex marriages. Its constitution defines marriage as being between one man and one woman. A problem arises then where a same sex couple is married in a state or country that recognizes such marriages, but then moves to Texas, which does not recognize such marriages, and seeks a divorce.

Same Sex Separations in Texas
Several attempts to seek such a divorce in Texas have been, at least initially, successful only to be delayed and sought to be overturned by the Texas government. A Travis County state district judge granted the divorce of two women who wed in Massachusetts. Attorney General Greg Abbott immediately sought to block the divorce, setting the stage for continuing litigation to determine the rights of same-sex partners to divorce in Texas.

The same happened with two men who were granted a divorce in Dallas. Abbott intervened before the divorce was decreed in open court and has kept the case on appeal. The state’s argument has been that it is not possible to have the state intervene and grant a divorce for a union that does not legally exist in Texas in the first place. A Houston family attorney is necessary to assert your rights in this uncharted area of Texas family law.

Same Sex Separation Issues
Divorces are just as difficult for same sex couples as they are for heterosexual ones. Same sex couples can go about separation in a contractual manner, but that can be more expensive and less complete than a divorce. Assets and liabilities must be assessed and properly divvied up. Forensic accountants may be required, and this still ignores many of the more important issues decided in a regular divorce case.

Going about a separation in this contractual manner glosses over the family issues that are at the heart of what family law is all about. Employment and medical benefits must be determined. If the couple adopted a child, visitation and custody must be determined.

Handling all of these issues enables couples to get closure and move on with their lives. In the example given above with the two women wed in Massachusetts, one of the women commented upon the initial granting of the divorce, “This is the first time in over a year that our family has been at peace.”

Contact an experienced Houston family lawyer if you plan to seek a same sex separation in Texas.