A Texas judge denies same-sex divorce petition from two women who legally married four years ago in New Hampshire. Due to Texas lawmakers’ ban on gay marriage, the judge ruled that the court lacked the necessary jurisdiction to consider a divorce petition from a same-sex couple.

Advantages of Divorce

Divorce offers numerous benefits and protections for both parties involved. It provides a legal framework for the couple to resolve important matters such as dividing marital assets and determining spousal support. Additionally, a divorce agreement can specify the terms of child custody and visitation. Furthermore, divorce may enable former spouses to retain health care benefits and Social Security advantages.

Legal Options for Same-Sex Couples

In light of the seemingly unlikely possibility of a divorce, one of the women pursued another option by petitioning the court to have the marriage declared void. However, the judge also ruled against this petition due to lack of jurisdiction. An attorney representing one of the women said that they would appeal the ruling. If the appellate court also rules against the women, they may have to move back to New Hampshire for a minimum of six months to legally divorce.

The Complexities of State and Federal Laws

This case highlights the intricate web of state and federal laws governing same-sex marriage and domestic partnerships. While same-sex marriage is not legal in Texas, an experienced family law attorney may still be able to help those in a domestic partnership establish child custody, visitation, and property rights. Same-sex couples may also consider a cohabitation agreement as an alternative legal option. Such an agreement functions similarly to a prenuptial agreement and specifies how the couple’s assets will be divided, as well as providing a framework for support payments and other matters.

Source: KDFW FOX 4, “Tarrant County judge won’t allow same-sex couple’s divorce“, myfoxdfw.com Staff, September 19, 2014

Related Posts: Same-sex divorce parental rights case could affect donors’ rights, Legal challenges of same-sex divorce, Same-sex couple granted divorce amidst intervening lawmakers, Same-sex couple separates, disputes parental rights