Tuesday, September 14, 2010

No Gay Divorcees in Texas: An Appellate Court Refuses to Dissolve a Same-Sex Marriage

by Joanna L. Grossman

September 13, 2010

Can a couple that marries in one jurisdiction get divorced in another? For most couples, the answer is yes, as long as they reside in the state where the divorce is sought. But for same-sex couples, the answer is no better than "Maybe" (and in many cases, it is clearly "No") due to the patchwork of inconsistent state laws regarding same-sex marriage.

This column will discuss a recent appellate court decision from Texas, In the Matter of the Marriage of J.B. and H.B., which illustrates the problem and its harsh consequences for many affected couples.