Portrait of John K Grubb

Texas Divorce and Prenuptial Agreement

4550 Post Oak Place, Suite 201 • Houston, Texas 77027-3139

Phone: 713-877-8800 • Fax: 713-877-1229

Wyoming Permits Same Sex Couples to Divorce

Wyoming’s Supreme Court recently considered the case of a same-sex couple seeking a divorce. Like most states, Wyoming does not recognize or permit same-sex marriages, but the court considered whether it could dissolve them. A Houston prenuptial agreement attorney can provide expert advice on legal protections for same-sex couples or those who are living together.

The court looked to other examples of marriage and their validity in the state. The state does not permit marriage to multiple spouses, nor is it able to dissolve such marriages. On the other hand, the state’s courts can dissolve common law marriages, where two people hold themselves out as being married despite never having formally married. This divorce is permissible even though Wyoming does not recognize the creation of common law marriages in the state.

The two women in this case were legally married in Canada in 2008. Ultimately, the Wyoming court decided that it could dissolve same-sex marriages that are valid in other states or countries, even if Wyoming did not permit same-sex couples to marry. The court found that it did not hurt Wyoming’s policy against same-sex marriages to be able to permit divorces on such matters. The court declined to address the issue of allowing same-sex marriages in the state. Additional information on the intricacies of divorce law is available form a Houston divorce lawyer.

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