Same-Sex Couples & Divorce Archives

Same-sex divorce parental rights case could affect donors' rights

Parents in Texas who are in same-sex relationships may want to make sure they have legal documentation that states they are both the parents of their children. On Nov. 29 in Mississippi, the state Supreme Court heard arguments from a woman who hopes to get parental rights to the child her ex-spouse gave birth to. The child is now six. His biological mother said the woman had the opportunity to get parental rights during the divorce.

Legal challenges of same-sex divorce

For many same-sex couples in Texas after the U.S. Supreme Court legalized marriages for same-sex couples, getting married became easy. For some same-sex couples who are now going through a divorce, splitting up may actually be more difficult as things are simply not as clear cut.

Same-sex couple granted divorce amidst intervening lawmakers

Texas couples considering divorce may be interested to learn that a Tennessee judge granted a divorce to a same-sex couple. The case had become a political issue after the judge had initially denied parental rights to one of the women as he argued that she did not meet the state's legal definition of "husband".

Same-sex couple separates, disputes parental rights

What a parent is has come into question in a Kentucky case that involves an estranged same-sex couple disputing over the adoption of a 9-year-old girl. However, couples in Texas may not realize that these types of cases are popping up all over the country.

Nuances of same-sex divorce in Texas

With the recent legalization of same-sex marriage nationwide, it is widely anticipated that many such Texas couples will choose to get married. Like heterosexual marriages, some of the same-sex marriages are bound to end in divorce. In fact, the Williams Institute has found that legally recognized same-sex domestic partnerships are dissolved at rates similar to those for heterosexual divorce.

Texas judge denies divorce petition from same-sex couple

A Texas judge has denied a divorce petition from two women who married legally four years ago in New Hampshire. Texas lawmakers have banned gay marriage in the state, and the Tarrant County judge told the women that the court did not have jurisdiction required to consider a divorce petition from a couple in a same-sex marriage.

How will expanded federal benefits for gay couples fly in Texas?

The drive for social acceptance of same-sex marriage is not letting up. The latest move came Friday with the announcement by the White House that President Obama has ordered the Labor Department to come up with rules to make sure that legally married gay couples get the benefits they are due under the Family and Medical Leave Act.

Panel mulls fate of Texas same-sex marriage ban

Two lawyers speaking at an event at the Lyndon B. Johnson Presidential Library and Museum discussed the potential fate of the gay marriage ban in Texas, which was recently struck down by a federal judge. The controversial ruling came as a surprise to many in Texas and is currently not being enforced as appeals continue.

Texas same-sex marriage ban invalidated

A federal judge in Texas recently announced that the state’s ban on same-sex marriage is unconstitutional under federal law. The ruling does not create legalized gay marriage in the state, but rather invalidates the active ban on same-sex marriages that had been in place since voters approved an amendment to the state constitution in 2005.

Recognition of same-sex marriage could come to Texas

Although same-sex couples are allowed to get married in other states, because of a ban on same-sex marriage, this hasn’t been the case for couples who have wanted to get married here in Texas. It’s also because of this ban that same-sex marriage is not recognized by the state. But even though the U.S. Supreme Court overturned DOMA and made same-sex marriage federally recognized, couples here in Texas are still having problems when it comes to validating their marriage status.