Recently we discussed how the Defense of Marriage Act has affected Texas legislation and rulings. A recent ruling by a lower Texas court has confirmed the way gay divorce has most recently been perceived and decided in Texas. The same-sex couple requesting a divorce were originally married in New Hampshire in 2010 where the marriage was deemed legal. The couple now lives in Texas and requested a divorce through the Texas courts.
The judge assigned to their case ultimately struck down their couple's request for a divorce. However, the judge did give much testimony as to his decision. According to the judge, his "hands are tied" due to the restrictions laid out in the Texas Family Code that was voted on in 2005. The Texas Family Code governs how divorce proceedings are handled including everything from child custody to asset division. According to the Texas Family Code, same-sex couple's marriages are not recognized as a legal union; therefore, a divorce cannot be granted to a marriage that was never recognized to begin with.