Same-sex marriage has yet to become legal in the state of Texas, but that hasn’t stopped some from putting in the effort to gain equal rights as married opposite-sex couples. In this particular state, along with many others that have yet to legalize same-sex marriage, marriage is defined as the union between one woman and one man and not as the union between two people of the same-sex. With this being the case, when a couple filed for divorce, the Texas attorney general attempted to step in and prevent this divorce from occurring.
When the couple, whose marriage took place in Massachusetts, originally filed for divorce, it was approved, but some time after the filing, the attorney general tried to halt this divorce because of Texas laws. Despite his efforts, it was recently decided that the attorney general’s attempt to prevent the divorce from being granted was made too late. According to a spokeswoman for the attorney general, this decision was not one that he agreed with because he felt this same-sex divorce was recognized by the court and that the court failed to permit the state to mount its defense.
It was argued that even though the attorney general intervened too late, his argument should be heard because of Texas law prohibits judges from both performing marriages and dissolving same-sex marriages. While this divorce was granted due to a technicality, Texans have been viewing this divorce as a positive and big step that will lead toward same-sex couples gaining equality.
The granting of this divorce may have caused some confusion about Texas laws, so same-sex couples who have questions about divorce or marriage may be able to receive assistance from a Texas divorce attorney.
Source: The Texas Tribune,“Court: Texas AG Cannot Halt Same-Sex Couple’s Divorce,” Terri Langford and Alexa Ura, June 19, 2015