On June 26th, 2015, the United States Supreme Court made history by ruling that same-sex
marriages were to be legal in all 50 states. People from all across the
nation rejoiced while others hung their heads in disagreement. What is
not being addressed, however, are the ones who saw the moment as a bittersweet
victory – the same-sex couples who could now file for divorce.
A Historic Day for Marriage and Divorce Alike
Before same-sex marriages were declared legal nationwide, couples married
in states that allowed their civil union could not get divorced if they
moved and lived in one that did not recognize their marriage. To some
couples who wanted to separate and dissolve their marriage, they had become
confined in an unhappy union due to state boundaries. Now, after the 5-4
U.S. Supreme Court ruling, they can file for divorce at any county clerk’s
office, regardless of where they live.
Or can they? In wake of the new law, which many believed would not come
to fruition in this generation’s lifetime, lawmakers are scrambling
to figure out how other aspects of the married life will be affected by
Many local jurisdictions will not recognize a divorce unless the couple
has lived there together for six months or even up to two years. It is
unclear if a civil union during that period, now potentially considered
a marriage, qualifies a same-sex couple for divorce. Issues arise in other
portions of the law as well, such as matters involving child custody or
Making Sense of the New Law in Texas
As 1 of 13 states that did not support same-sex marriage before the United
State Supreme Court’s ruling, it is not a surprise that many Texans
are opposed to, if not at least a little confused by, the decision. Texas
State Attorney General Ken Paxton is outwardly opposed to the legalization
of same-sex marriage and has alluded to, in a statement that can be seen
here, the ability of county clerks to legally deny marriage licenses to same-sex
couples, as it might infringe upon their religious rights. With the ruling
only two weeks behind us and already sparking debate, it seems that it
will be a hot topic for quite some time.
If you are a same-sex couple who need help filing for a divorce in Texas,
you can rely on the Fort Worth divorce attorneys at Favila Terry Law, PLLC
to assist you. For years, we have been helping people understand their
rights and deal with their family law matters.
Contact us today.