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Texas Supreme Court decision could allow same-sex divorces

In recent months, debates over same-sex marriage have heated up in states all across the country. A much less discussed topic, however, is what happens when a same-sex marriage comes to an end. With so much contention over the legality of gay marriage, it has made dissolving a same-sex marriage all the more difficult.

A case being heard by the Texas Supreme Court could set future precedents on if and how same-sex couples can legally divorce. With the current laws, it can be difficult for gay couples that have gotten married to legally put an end to that marriage. Same-sex couples, just like anyone else, want the ability to move on with their lives should their marriage come to an end. Many people have expressed concern that their divorces will not be considered legal and they could be accused of bigamy if they were to remarry.

One lawyer has had some success in getting divorces heard and ruled on for same-sex couples. The Texas attorney has used a statement from the state's attorney general that recognized the existence of marriage in other states in combination with the defense of marriage act (DOMA) to have same-sex marriages voided.

When couples marry, it is hard to think of a time when that marriage might end. While most take for granted the ability to divorce should the need arise, others cannot rest easy and know they will be able to move on if their marriage ends. If you are considering a divorce, it may be beneficial to speak with an attorney to understand your options for voiding your marriage.

Source: My FOX Houston, "Getting divorced in a state that doesn't recognize gay marriage", John Donnelly, March 27, 2013

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