Portrait of John K Grubb

Texas Divorce and Prenuptial Agreement

5005 Riverway Drive, Suite 450 • Houston, Texas 77056

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

Same-Sex Couples in Texas – No Marriage, No Divorce

At least for now, marriage is a strictly state issue, so same-sex couples should make be careful when making decisions affecting marriage, divorce and families, as state law rapidly changes and varies widely amongst the 50 states. In today’s post, we provide a review of the status of same-sex couple law in Texas.

Same-Sex Marriage in Texas

Texans passed a state constitutional amendment in November of 2005 that defines a marriage as a union between a man and a woman. Same-sex couples may not, consequently, marry in Texas. A 2011 poll from the University of Texas and The Texas Tribune, however, found that a majority of Texans now support either marriage or civil unions for same-sex couples.

Same-Sex Divorce in Texas

Same-sex divorce is currently in a grey area in Texas. Same-sex couples have traditionally been unable to divorce in Texas even if they were properly married in another state that recognizes same-sex marriages. Two cases are currently pending before the Texas Supreme Court that, come this spring, will decide whether same-sex couples can divorce in Texas. The cases pit two couples to whom lower courts granted favorable rulings against Attorney General Greg Abbott.

Have you been involved in a same-sex marriage or divorce case? What wisdom can you share with other couples going through these legal difficulties?

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

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