The Houston Family Law Blog

Texas Court of Appeals Says No to Gay Divorce

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Same-sex couples are not allowed to marry in the state of Texas and as of Tuesday they're not allowed to get a divorce either.

A gay couple that legally married in Massachusetts, but resides in Texas, is now having difficulties ending their marriage. The two men known as J.B. and H.B. in court filings were granted a divorce in Texas last October by a Dallas district court judge, but Attorney General Greg Abbott appealed the judge's ruling. The Fort Worth Star-Telegram reports that the 5th Texas Court of Appeals ruled on Tuesday that the district court judge did not have the authority to make a decision on a gay divorce case and reversed the ruling.

Obviously, this case is quite complicated for the Texas family law attorneys involved. Because the divorce applicant J.B was not able get a divorce in Texas, he now has the option of either appealing the decision to the Texas Supreme Court or obtaining residency in Massachusetts so that he can get a divorce in the state that he married in.

"We respectfully disagree with the justices' opinion," J.B.'s family law attorney, Peter Schulte, told the Fort Worth Star-Telegram. "However, we respect the process and are currently evaluating our options moving forward."

It seems as though Greg Abbott is doing everything he can to prevent gay divorces. The attorney general also objected to a divorce between two lesbians earlier this year in Austin. Yet Texas family law attorneys are continuing to fight for same-sex divorces in the Lone Star state by representing same-sex couples in family law procedures and ensuring that their rights are being protected under the law.

Related Resources:

  • TX AG Works Against Gay Marriage and Gay Divorce (FindLaw's Law and Daily Life Blog)
  • Find a Houston Family Law Attorney (FindLaw)
  • The Problem of Same Sex Divorce in Texas (FindLaw's Law and Daily Life Blog)

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