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Can A Same-Sex Couple Obtain A Divorce In Texas?

06/26/2015 – Same-sex marriage “Divorce” is now legal across the nation. – Alfredo

In a word, no. Marriage laws are governed by the individual states. Some states have recently recognized the validity of the marriage between a same-sex couple. The State of Texas, however, only acknowledges the existence of marriage between a man and a woman. As such, Texas does not recognize the validity of a same-sex marriage granted in another state. Because a same-sex marriage does not technically exist in the eyes of the Texas law, the state may not grant a divorce.

Justice Kerry P. Fitzgerald wrote in an August 2010 5th Court of Appeals decision, “Texas law, as embodied in our constitution and statutes, requires that a valid marriage must be a union of one man and one woman, and only when a union comprises one man and one woman can there be a divorce under Texas law.” Because of the ongoing legislation regarding this matter, legislation could change in the future. But for now, no same-sex couple may receive a divorce in Texas, even if their marriage was legally obtained in another state.

Disclaimer: The material obtained from this site is not intended to be legal advice. Please consult an attorney for advice regarding your own legal situation.