| Same-Sex Couple Denied Divorce in Texas |
A case out of Texas poses an important question to all same-sex couples who reside in California: What happens when a gay or lesbian couple is married in a state that recognizes same-sex marriage, but then relocates to state that does not recognize same-sex marriage but wants a divorce?
This is the situation that Angelique Naylor and Sabina Daly are dealing with. The women were married in Massachusetts, one of the first states to legalize same-sex marriage. They later relocated to Texas, where their relationship eventually soured. No longer wanting to be married, the couple tried to get a divorce, but because Texas does not recognize same-sex marriages, Naylor and Daly have not been able to get divorced.
Originally, State District Judge Scott Jenkins granted the women a divorce, but Texas Attorney General Greg Abbott quickly intervened. Abbott claims that because the state Constitution bans gay and lesbian marriages, to grant a divorce to a same-sex couple would be to contradict the constitution. For this reason, Abbott says Daly and Naylor cannot get divorced in Texas.
In a statement from Abbott’s spokesperson, Jerry Strickland, “The State maintains that the Court has no legal authority to grant this divorce, and as a result, the State must intervene in the case to defend the Texas Constitution.”
What Does This Mean for California?
At this time same-sex marriages are banned in California, which means couples who relocate from other states that grant same-sex marriages may have difficulty obtaining a divorce. If you have found yourself in this situation, a
California domestic partnership attorney at Claery & Green can help. We can help you explore your legal options and take advantage of some alternatives to divorce if an actual divorce is not within your reach. For example, if you and your partner have children or joint property, we can create a contract that clearly states each of your rights, responsibilities, and obligations in regards to the division of jointly held property, child custody, visitation, child support, etc.
Contact Claery & Green today at
(877) 756-4111 to see what an attorney at our office can do for you!
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Posted By Claery & Green on February 22, 2010 11:35 am | Permalink |