Law Office of Roland R. Esparza, P.C. - San Antonio Personal Injury Attorney

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Local Calls 210.807.8158

Hablamos Español

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Getting divorced in Texas may be difficult for same-sex couples

When a couple in San Antonio, or anywhere else, decides to divorce it is very likely that complications will occur. However, as more states begin to legalize same-sex marriage the questions and concerns involving same-sex divorce are even more complex. Divorce laws are different in each state. Some states, including Texas, still don’t recognize same-sex marriages, which means trying to apply divorce laws for same-sex couples in those states can be very difficult.

The Texas Supreme Court is weighing several questions on the matter of same-sex divorce, including whether or not allowing same-sex divorce would oppose the state’s ban on same-sex marriage. The court is hearing two combined cases, both of which involve couples that married in Massachusetts and then tried to divorce after moving to Texas.

The state Attorney General says same-sex divorce should not be allowed because same-sex marriage is not recognized in Texas. However, attorneys for the couples say they should be allowed to divorce wherever they live. The cases were previously heard in lower courts with both receiving different rulings. In one case the couple was granted a divorce, but in the other the court ruled that it did not have jurisdiction over the case because of the state’s ban on same-sex marriage.

As same-sex divorce continues to grow more common it will be interesting to watch how different states handle this complex issues, including the Texas Supreme Court’s decision in these cases. The court’s decision could have huge implications going forward for same-sex couples seeking divorce in the state. Whatever the case, anyone who is going through divorce in San Antonio should probably contact an experienced divorce lawyer right away.

Source: San Antonio News-Express, “Texas court is cautious on allowing gay divorce,” Peggy Fikac, Nov. 5, 2103.

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Law Office of Roland R. Esparza, P.C.
325 S Flores St.,
San Antonio, TX 78204

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