Same-sex Divorce Attorneys in Texas

Same-sex marriages are now permitted in a few states; however, Texas isn’t one of them. Consequently, same-sex divorce in Texas is fraught with legal loopholes, manipulations and interpretations that further complicates an already complex proceeding.

This is not to say that same-sex divorce is not possible in Texas. Two instances of same-sex divorce, in 2009 and again in 2011, was allowed through the appeals court despite the intervention of the Texas Attorney-General who contested their legality under Texas state law.

However, it doesn’t end there. State intervention may be carried further up the judicial ladder to the Texas Supreme Court, and the decisions made there could establish a precedent for future divorce cases.

But not yet.

Under Texas law same-sex marriages are considered void, and have no legal or judicial standing in the state. Texas does not recognize the legality of such marriages, however the state does recognize the legality of a heterosexual marriage legalized in other states; provided there are no jurisdictional bars where it was contrived. Texas is strongly adament however, only when it comes to same-sex unions. Gay couples who legalized their union in states permitting same-sex marriages were never technically married in the eyes of Texas law, and in fact have no need to get a divorce.

But that does not settle the issue of how to dissolve what is considered a legal contract between two parties. Questions of community property, child custody and support, alimony and other matters that are routinely dealt with in heterosexual marriages continue to hold importance in same-sex partnerships, whether it is considered lawful in Texas or not. Same-sex divorce attorneys in Texas have the dubious distinction of being pioneers in this particular process.

If you or someone you know wants to get a same-sex divorce in Texas, it would be wise to go to divorce attorneys who are conversant with the intricacies of the divorce court of the state. At the very least, divorce attorneys may also serve as mediators or arbitrators in a divorce settlement outside of Texas courts to settle issues pertaining to a dissolution of marriage.

One Response to “Same-sex Divorce Attorneys in Texas”

  1. I would imagine that with the Supreme Court’s recent over-turning of DOMA, there will be an increase in lawyers across the country who handle same-sex divorce, even if the state they practice in has not legalized same-sex marriage.

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