Gay Marriage and Divorce in Texas

Currently gay marriage is not legal in Texas. In 2005, the Texas legislature amended the state constitution to restrict marriage to heterosexual couples, defining it as a union between one man and one woman. Other states, however, have permitted unions for gay couples, either as civil unions or marriages.

In other areas, such as New York and Washington, D.C., same-sex marriages cannot be performed but unions that were carried out in other states or countries are legally recognized. This legal difference between states has led to questions and confusion about gay divorce as well.

Who Can Get Divorced?

Any state that currently performs same-sex unions also performs legal divorces. In areas that have not legalized gay marriage, however, the law varies state to state regarding gay divorces.

Can Gay Couples Get Divorced in Texas?

In January 2009, a gay couple residing in Texas that had been married in Massachusetts attempted to file for divorce within Texas, but the state did not accept the case. Texas Attorney General Greg Abbott stated that since gay marriages are not recognized within Texas, the couple could not get a legal divorce within the state.

If you legally entered a same-sex marriage, civil union, or domestic partnership and currently reside in Texas, you cannot currently reach a legal resolution within the state. The best option is to seek a divorce in the state within which you registered your union.

Contact Us

If you are considering a divorce and would like more information or advice on divorce law within Texas, contact the Austin divorce lawyers of Slater, Kennon & Pugh Ltd.LLP at 512-472-2431.