After three years of marriage, a couple petitioned a Texas family court for a divorce in 2009. For most couples in this position, deciding issues of custody, spousal support and property division are the keys and those who can work out these matters with the help of a divorce attorney at Bertolino LLP can draft a divorce settlement, dissolve their marriages and move on with their lives.
This couple, however, was not able to do so. Instead, as Slate reports, their divorce case has now made its way through several lower courts and the Texas Supreme Court will hear arguments on November 5, which will determine whether the couple is able to end their marriage.
Texas Supreme Court Addresses the Issue of Gay Divorce
This divorce has become a major legal battle because the couple is gay. The two men were married in Massachusetts in 2006, where the laws have allowed for same sex marriage since 2004. The men then moved to Texas, however, where voters approved an amendment to the Texas Constitution and Family Code in 2005 banning same sex marriages and civil unions. Since gay marriage is not recognized in Texas under this amendment, by extension the Texas courts also do not have jurisdiction to grant a same sex divorce.
The men are not able to simply go to Massachusetts to end their marriage, nor can they travel to any other state that recognizes same-sex marriages. The problem is that every state has a residency requirement for divorce, which means that at least one of the spouses has to live in that state for a period of time before the court has jurisdiction to grant a divorce.
Gay Divorce
