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States Weigh in on Same Sex Divorce

Posted on in Divorce

One of the biggest happenings in the news this year is the Supreme Court addressing the issue of same sex marriages. However, according to My FOX Houston, states that do not support same sex marriage are having to address issues of same sex divorce.

Theresa 3-27 Powers family lawWhen different states across the nation were passing laws making same sex marriage legal, same sex couples from other states were flocking to those states to exchange vows. Now this has created a new issue. There are now couples who  are seeking to get a divorce, and they are hoping to have the case handled in the state in which they reside.

The Attorney General submitted a brief, stating that gay marriage simply doesn't exist as far as Texas is concerned. While it may exist in other states, it doesn't exist in Texas. He also went on to state that the state of Texas cannot preside over a divorce case when the marriage itself does not exist.

This briefing gives the divorcing couples two different options. They can either void the marriage in Texas or they can return to the state in which they were married. One point of concern for some of these couples is DOMA. DOMA stands for the Defense of Marriage Act. The act states that one state does not have to recognize the law of another state. If this is held to the letter, voiding the marriage may not be recognized in another state and if one of the divorcees decides to remarry, they can be considered a bigamist. However, based on the present laws, the laws of the constitution trumps the law of the state.

If you have questions regarding a same sex marriage or divorce, contact a knowledgeable Texas divorce attorney to assist you. While Texas may not issue the divorce, your attorney can definitely answer the questions that you may have.

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