Whether it's a matter of asset division, child custody, child support or any combination thereof, divorce is bound to have a major impact on your life. Divorce can also free spouses from an unhappy marriage and provide a second chance at love and happiness. Yet, as of the beginning of 2014, some spouses in Texas still do not have this option.
In particular, same-sex couples who were legally married in other states may find themselves moving to Texas for any number of reasons. If irreconcilable problems arise, then gay and lesbian spouses may have legal difficulties ending the marriage. Currently, Texas law doesn't recognize same-sex marriage or same-sex divorce. However, all of that could change.
A Bexar County judge is expected to rule on a case involving two San Antonio women seeking a divorce. The women married in Washington, D.C., before moving to Texas. If the judge decides that the couple can legally end the marriage, it would be the first same-sex divorce in Bexar County.
The women also have a child together, and one of the mothers is seeking parental rights, which the other mother has denied.
Texas’ ban on same-sex marriage, along with the state’s not recognizing out-of-state same-sex marriage, has already been ruled unconstitutional by a federal judge.
Depending on the Bexar County judge’s decision, other gay and lesbian couples may find themselves with many questions regarding divorce proceedings. Effective legal counsel can help you navigate these matters with a view toward protecting your future and reaching a fair divorce settlement.
Source: Fox 29, “Judge to decide whether San Antonio same sex couple can divorce,” Robert Price, April 10, 2014