As in Illinois, Texas law does not recognize same-sex marriage. But just like heterosexual unions, which have about a 50/50 chance of ending in divorce, same-sex unions don't always work out either. The question is how do couples married in states that do allow gay unions, such as Massachusetts, go about getting a legal divorce in states that don't recognize same-sex marriage?
The Chicago Family Law Blog wrote about a Pennsylvania same-sex couple that got legally married in Massachusetts but couldn't get a divorce in either state. While they remain in legal limbo, the Houston Chronicle reported on a Texas couple that actually was able to get divorced.
It's a very similar case with one major difference: The couple adopted a son who is now 4 years old. A Travis County judge ruled in February that Angelique Naylor and Sabina Daly could seek their divorce, but Texas Attorney General Greg Abbott tried to intervene, unsuccessfully arguing that they can't get divorced because the state doesn't recognize same-sex marriage.
In another case that likely will reach the Texas Supreme Court, Judge Tena Callahan ruled that two men who were married elsewhere could get divorced. Judge Callahan also ruled that the state's prohibition of gay marriage is in violation of the US Constitution's equal protection clause. Mr. Abbott appealed that ruling and the Texas 5th District Court of Appeals is scheduled to hear the case on April 21.
The judge in Ms. Naylor's and Ms. Daly's case told Mr. Abbott that if he intervened in their divorce, it could negatively affect their young son.
So why are we talking about a same-sex couple married in Massachusetts and now divorced in Texas? It's a new area of law and divorce attorneys in Chicago and all across the country likely are taking cues from this case and ones in other states.
As of yet, no same-sex divorce cases have been reported in Illinois courts.
Related Resources:
- 2003-2004: Gay Marriage in Massachusetts and San Francisco (FindLaw)
- No Same Sex Marriage in Texas, but What about Divorce? (FindLaw's Common Law Blog)
- Search Chicago Family Law Attorneys (FindLaw)
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