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 Austin family law attorney, Equal Protection Clause, law unconstitutional, same-sex marriage, same-sex marriage ban, Texas Defense of Marriage Act, Texas law unconstitutional, unconstitutional, child custody battles, same-sex custody battlesA Texas judge recently ruled that the state's same-sex marriage ban is unconstitutional. In February, a federal judge made the same ruling in a different case, striking down the state's marriage ban law.

The state case involves a couple who were married in Washington D.C. in 2010. One of the women became pregnant via artificial insemination. The baby was born in February 2013. Shortly after that, the couple split up and the biological mother sought to retain sole custody of the baby since the other woman is neither a biological or adoptive parent to the child. However, since Texas does not recognize same-sex marriages, there is no legal process in place to divorce.

According to law, children who are born in a marriage are considered a child of both spouses. This parental presumption also holds true in states that recognize same-sex marriages. In states that do not recognize same-sex marriages, like Texas, then the law says the parent who gave birth is the child's only parent.


Posted on in Prenuptial Agreements

Although in many ways, the legal impact of same-sex marriage and same-sex divorce are relatively new to the field, a growing area of interest involves whether same-sex couples need prenuptial agreements. Many of the new couples moving toward marriage in the multiple states across the country that now allow same-sex marriage already have established financial assets. Even if these couples have been living together for a long time, the consideration of whether a prenuptial agreement may apply is a worthy discussion to have with an attorney.

LauraSimply put, it's likely that one or both individuals involved in the upcoming union has accumulated some assets over the course of their life. Entering into a marriage is an excellent opportunity to discuss their financial standing and determine whether prenuptial agreement could help to outline the guidelines for their union. Unfortunately, same-sex marriages will not be immune from divorce, and proper planning can go a long way towards reducing agony and financial instability down the line.

One special concern regarding same-sex marriages is when these individuals live in a community property state. In community property states, assets accumulated by the married couple are accessible to creditors of either spouse. In this way it's possible to view the assets of a newly married couple as being exposed to double the amount of potential creditors. For this reason, it can be critical to outline your wishes in a prenuptial agreement.


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.

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