Two women who married in Massachusetts but later relocated to Texas will not be allowed to divorce in Texas, in large part due to the efforts of Attorney General Greg Abbott.

Because Texas does not recognize or legalize same-sex marriage, Abbot says the state does not have legal authority to grant a divorce, and that doing so is a violation of the state’s constitution.

State District Judge Scott Jenkins granted the couple a divorce, but Abbott filed a petition denouncing such action. He claims a divorce judgment contradicts the Texas constitution, which bars gay and lesbian marriages. He feels intervening with the couple’s divorce is necessary in order to defend the constitution.

This case poses a serious question to gay and lesbian couples who get married in states that have legalized same-sex marriage, such as Massachusetts, but then move to states that do not recognize gay and lesbian marriage. If you have found yourself in a similar situation and you are currently living in California, you should speak with an attorney at the Law Offices of Michael R. Young about your legal options. Although California does not recognize same-sex marriage, we can make sure important issues are properly addressed, such as child custody, child support, alimony, and property division.

To arrange a consultation with an experienced Riverside family law attorney, please  contact the office today by calling (866) 902-5290!

The Marriage Recognition and Family Protection Act, a law signed by Governor Schwarzenegger in October, went into effect last week.  Under the act, California will now fully recognize same-sex marriages performed in other states prior to November 5, 2008, and their union will be recognized as a “marriage”.  The act also ensures that same-sex couples who get married outside of California on or after November 5, 2008 will receive all the same rights, benefits, and responsibilities that married couples receive, expect their union will not be named a “marriage.”

What does this mean?

It essentially means that if a same-sex couple gets married in a state that recognizes gay marriage, and then moves to California, the state of California will recognize the marriage as valid, granting the same rights, benefits, and responsibilities that married couples receive.  However, even though California will recognize these marriages, they will not designate them as a marriage, unless the marriage took place prior to November 5, 2008.  Essentially, this act provides equal treatment for same-sex couples, regardless of where they were married or will be married in the future.

Are Same-Sex Marriages Legal in California?

At this time, California does grant marriage licenses to same-sex couples.  However, same-sex couples can apply for domestic partnership, which provides many of the same rights, benefits, and responsibilities that heterosexual couples receive when they get married.

If you are interested in learning more about the same-sex marriage or domestic partnership laws in California, please do not hesitate to contact my office today.  As an experienced Riverside family law attorney, I have extensive knowledge and a thorough understanding of the marriage laws in California, and would be more than happy to explain your rights and options under these laws to you.