Wednesday, September 18, 2013

Texas Supreme Court Accepts 2 Gay Divorce Cases

I typically do not recommend that same-sex couples in Georgia legally marry in another state if they are going to continue to reside in Georgia for one big reason: if things go badly and they want to get divorced, someone has to move out of state to do it.  (There are a few exceptions, depending on where they were married.)

Georgia has a six month residency requirement for divorces, which means that in most cases, a person must be a resident of the state of Georgia for at least six months prior to filing for divorce. And in Georgia, a court will not hear a same-sex couple's divorce petition because Georgia law does not recognize them as legally married in the first place.

Texas law is similar to Georgia law in that way, but something big is happening in Texas: last month, after placing two gay divorce cases on hold since 2011, the Texas Supreme Court accepted two cases where same-sex couples for review. Here's the link summarizing the cases: http://www.scotxblog.com/case-notes/the-texas-supreme-court-accepts-two-gay-divorce-cases-for-argument-this-fall/

Oral arguments will be broadcast live on November 5, 2013. You can listen here: http://www.texasbarcle.com/CLE/TSCSearch.asp

*I am not licensed in the state of Texas. If you have a Texas problem, you should find a Texan lawyer.