The Houston Family Law Blog

Should Divorce Be Between One Man and One Woman?

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In Texas it's not legal for same-sex couples to get married or even have a civil union, but divorce between same-sex spouses who were married in another state is still granted in the Lone Star state. Yet some officials are trying to take that right away from same-sex couples as well.

The Houston Chronicle reports that aides to Texas Attorney General Greg Abbott went to court last week to try and prevent two lesbians from divorcing. While the litigation still continues, Texas family law attorneys assert that Mr. Abbott's efforts have been unsuccessful and that the divorce between Sabina Daly and Angelique Naylor is legal.

Yet. Mr. Abbott raises an interesting question for those in the Houston community. Should the state ban divorce on same-sex marriages?

"A divorce is an ending or a termination of a valid legal marriage," Mr. Abbott told reporters. "In this instance there was no valid legal marriage recognized by the state of Texas. Texas can't have a faulty precedent on the books that validates an illegal law."

Ms. Naylor says that her divorce is not meant to be political and is all about settling family issues for the best interests of her and Ms. Daly's son.

"If we stop fighting, there's less stress on the family and less stress on the child," Ms. Naylor told the Houston Chronicle. "It wasn't about politics. It wasn't about gay rights. It was about two people who had serious legal issues that needed to be resolved. A lot was accomplished in spite of the attorney general's private political agenda. We came to peace."

Related Resources:

  • The Problem of Same Sex Divorce in Texas (FindLaw's Law and Daily Life Blog)
  • Same-Sex Couples and the Law (FindLaw)
  • Texas Family Law Attorneys Directory (FindLaw)

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