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Court rules state of Texas cannot halt same-sex divorce

On Behalf of | May 30, 2014 | Same-Sex Couples & Divorce |

Several weeks ago, we discussed a controversial Texas case that has grabbed national headlines. The debate kicked off when a same-sex couple who had legally married out of state in 2010 attempted to get a divorce in the Lone Star state. One woman had filed for divorce and custody of the 15-month-old daughter they shared. In response, her partner asked for the case to be dismissed based on the fact that same-sex marriage is not currently recognized in the state of Texas.

Things really heated up when the judge overseeing the case ruled that the state’s ban on gay marriage was unconstitutional. That prompted the Texas Attorney General to file a motion requesting the case be delayed while he and the state consider their next move. He said he felt the judge had overstepped her bounds. That motion was granted.

Then, the Attorney General asked for the case to be halted altogether in an attempt to protect the ban on gay marriage. The judge has ruled in the case and decided to shoot their request down, effectively ending the state’s right to intervene. State attorneys have stated their intentions to appeal the ruling.

Will this be the landmark case that lifts the ban on same-sex marriage in Texas? Only time will tell, but this one is worth keeping an eye on.

The decision to divorce is a hard one, but it is often the right one. When couples in divorce cases can’t see eye to eye in matters of child support, property division and visitation rights, though, it’s vital to seek out an attorney as soon as possible. He or she can make sure your rights are protected from day one.

Source:, “Texas blocked from intervening in gay divorce case,” May 18, 2014