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Texas Divorce and Prenuptial Agreement

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

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Same-Sex Divorce Cases Possibly Headed to Texas High Court

Same-sex couples in Texas may know within the next year whether they will be able to divorce. The Texas Supreme Court is considering taking at least one same-sex divorce case that would provide the state a clear-cut answer for same-sex couples seeking a divorce. Texas does not grant same-sex marriages; rather, the issue is whether same-sex couples who marry elsewhere are able to later divorce in Texas.

The two cases that the Texas Supreme Court is considering hearing involve disputes between multiple sides – the couples themselves, lower level Texas courts and Texas Attorney General Greg Abbott. The same-sex couples married outside of the state and then moved to Texas and filed for divorce in Texas courts.

Lower Texas courts sided with the couples. In the first case, couple J.B. and H.B. (only initials are available for the case) initially received their divorce. Then Abbott intervened and appealed the decision to the court of appeals in Dallas, which found that Texas courts cannot grant same-sex divorces since such marriages are not legal in the state. J.B. and H.B. appealed that decision to the Texas Supreme Court.

In the second case, Angelique Naylor and Sabrina Daly received a divorce from the Travis County district court. Abbott intervened again, but the court of appeals in Austin said that he acted too late and upheld the divorce. Abbott then appealed to the Texas Supreme Court.

The two cases before the court will have a big impact on family law in Texas. Do you think the Texas Supreme Court should take the cases and make a final ruling so that all of Texas has a uniform rule?

John K. Grubb & Associates, P.C. – Houston divorce lawyers

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