States are split as to whether same-sex marriages should be legally recognized. This has created additional complexities when it comes to same-sex couples seeking divorce.
On November 5th, the Texas Supreme Court listened to arguments about whether same-sex couples can be granted a divorce in our state when legally married in another state. Since Texas does not recognized same-sex couples as being legally married, the question is whether Texas can then grant couples the right to divorce.
Same-sex couples that have married in one state may still reside in another state. While living in that other state, the couple may purchase property together. Though the couple might be able to return to the state where they were married to seek a divorce, there may still be problems that will arise as pertain to property division. If that state does not recognize same-sex marriage, any property acquired during the marriage may also not be recognized as marital property.
The inability to have a marriage recognized in a state can result in a number of other complications as well. Besides property division issues, there may be child custody disputes, the right to retain health coverage for the spouse and the ability to remarry. This could mean that obligations to provide spousal support will be continued indefinitely under certain circumstances.
Family law attorneys are there to make certain that stress is minimized during a divorce, and one's rights are protected. As the above matters demonstrate, divorce can be extremely complex as well. It's often necessary to have representation in such matters to make certain that any divorce settlement is finalized to one's satisfaction.
Source: Fox News, "Some states see fight for right to same-sex divorce," Dec. 1, 2013