2 minutes reading time (339 words)

Texas appeals court asked to reconsider same-sex divorce case

Originally published by On behalf of Laura Dale.

The battle for equal rights for same-sex couples didn’t end when the Supreme Court quashed the Defense of Marriage Act in 2015. New sorts of battles — many of them related to the way that same-sex couples were treated in the past — were just beginning.

One of those battles is determining what exactly makes a marriage when your marriage isn’t recognized under the laws of your state. Same-sex couples who were in long-term, committed relationships that fall technically short of the definition of marriage only because the parties were of the same gender find themselves facing this question often when such a marriage comes to an end.

Why does the date of a same-sex marriage matter if the couple is splitting? It’s simply because the start and end of a marriage is both a social and a financial contract. The date of a marriage often informs issues like how much spousal support a dependent spouse is due or what assets are really marital assets and subject to division in a divorce.

Now, the Texas Fifth District Court of Appeals is being asked to grant a new divorce trial to a man who split from his partner of 15 years just prior to the Obergefell v. Hodges decision that made same-sex marriage legal throughout the country. A lower court said that no marriage existed because there was no legal same-sex marriage in Texas.

The plaintiff and his attorneys argue that the couple did everything short of legally marry. They say that since they were prevented from doing so by a law that is now considered unconstitutional, that shouldn’t prevent the court from treating their relationship as a marriage.

Cases like this will, unfortunately, continue to come up for a long time into the future. That’s why same-sex couples seeking a divorce are wise to look for attorneys who understand their unique concerns.

Curated by Texas Bar Today. Follow us on Twitter @texasbartoday.

Original author: On behalf of Laura Dale
AG Law Weekly Round Up
Coronavirus Legal News Briefing (5.14.20)
 

Comments

Already Registered? Login Here
No comments made yet. Be the first to submit a comment

By accepting you will be accessing a service provided by a third-party external to https://rwtexlaw.com/

Twitter Feed

Law Links

State Bar of Texas The State Bar of Texas serves its members and the public.
Texas Bar Today Texas Bar Today is an online media network featuring curated news and commentary from Texas legal professionals.
Family Law Section The mission of the Family Law Section is to promote the highest degree of professionalism, education, fellowship, and excellence in the practice of family law.
Business Law Section The Business Law Section of the State Bar of Texas covers the complex and expanding fields of corporate, securities, commercial, banking and bankruptcy law.
REPTL Real Estate, Probate and Trust Law, Section of the State Bar of Texas

-Free consultation-