• Board-Certified Family Lawyer

    As a specialist, Dennis M. Slate is ready to advocate on your behalf!

    Learn More
  • Peaceful Divorce Resoultions

    Find out if you would benefit from an uncontested divorce.

    Get the Facts
  • Secure the Division of Your Property

    We have experience with complex property divisions.

    Secure Your Assets
  • Need Help? Reach Out to Our Firm Now.

    We are here to help. Tell us about your case today!

    Contact Us

Same-Sex Divorce in Texas

For gay and lesbian couples living in states such as Texas where same-sex marriage is not recognized, obtaining a divorce can be harder than they thought. When couples marry in states such as California and New York where same-sex marriage is legal, but live in places such as Texas and Mississippi where it is not, they can be left with three choices when they want a divorce:

  1. Move to a state where same-sex marriage is recognized, most of which impose residency requirements to obtain a divorce,
  2. Try to get the marriage annulled, or
  3. Prepare for a protracted court battle.

Because most couples don’t want to disrupt their lives and uproot their families, many same-sex couples decide to take the path of resistance: court. Unfortunately, same-sex couples can find it hard to get divorced in Texas if the judge presiding over their case doesn’t think that they are married.

Wyoming allows same-sex divorce even though it has not legalized same-sex marriage; however, states such as California, Minnesota, Delaware, Vermont, and the District of Columbia allow couples who were married in their state to return for divorces without meeting the residency requirements.

Defense of Marriage Act (DOMA)

Gay and lesbian couples who are seeking a divorce have faced some dead ends despite the progress following last year’s Supreme Court ruling against the federal Defense of Marriage Act (DOMA). While the 5-4 federal decision in United States v. Windsor forced the federal government to recognize same-sex marriage for the purpose of federal benefits, it did not force other states to legalize same-sex marriage, let alone recognize same-sex marriages performed in other states.

Conflict of Laws

Since the Supreme Court did not challenge Section 2 of DOMA, the ruling does not require any state to legalize or recognize a lawful marriage in another state. This means that in states where same-sex unions are not possible, a divorce is often not possible, or at least very difficult to come by.

In Texas, two couples who were married in Massachusetts nearly ten years ago met opposite fates. One couple was granted a divorce in Austin, while the other was denied a divorce in Dallas. The two cases have joined on appeal.

If you are in a same-sex marriage that was granted in another state and you want to obtain a divorce, I urge you to contact me , Dennis M. Slate, Attorney at Law. I would be glad to answer your questions and give you the direction you need to move forward with your divorce.
Categories: Divorce
  • Board-Certified Family Lawyer

    As a specialist, Dennis M. Slate is ready to advocate on your behalf!

    Learn More
  • Peaceful Divorce Resoultions

    Find out if you would benefit from an uncontested divorce.

    Get the Facts
  • Secure the Division of Your Property

    We have experience with complex property divisions.

    Secure Your Assets
  • Need Help? Reach Out to Our Firm Now.

    We are here to help. Tell us about your case today!

    Contact Us

Get Your Life Moving Again

Don't be put at a standstill with stressful legal procedures. We're here to help.

Call Today (281) 410-5780

Contact Us

Dennis M. Slate, Attorney at Law
Pearland Divorce Attorney
Located at: 1920 Country Place Parkway,
Suite 354,

Pearland, TX 77584
View Map
Phone: (281) 410-5780
Website:
© 2017 All Rights Reserved.

Disclaimer

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.