Texas Prohibits Same-Sex Divorce
In Texas, a state appeals court ruled that gay couples that legally marry in other states are not permitted to get a divorce in Texas. This is due to the fact that same-sex marriage is banned in the state.
The 5th Court of Appeals ruled that a Dallas District Court Judge did not have the authority to hear a case that involved two gay men who are married in Massachusetts in 2006. Attorney General Greg Abbott's office appealed after Judge Tena Callahan said she did not have jurisdiction and dismissed the state's attempt to become involved.
Callahan also ruled that Texas could not limit marriage to a man and a woman. However, the appeals court said that Texas' same-sex marriage ban was in fact constitutional.
Justice Kerry P. Fitzgerald wrote, "A person does not and cannot seek a divorce without simultaneously asserting the existence and validity of a lawful marriage." He also wrote, "Texas law, as embodied in our constitution and statutes, requires that a valid marriage must be a union of one man and one woman, and only when a union comprises one man and one woman can there be a divorce under Texas law."
Now, the appeals court has ordered the case to be sent back to Judge Callahan and she must vacate her order.
Going through a divorce? Contact us to speak with a Riverside divorce lawyer!