Obergefell et al. v. Hodges: Same-Sex Marriage and Texas Divorce

Walters Gilbreath, PLLC

If you are a breathing adult, you no doubt heard the news that on June 26, 2015, a decision issued by the United States Supreme Court made same-sex marriage legal in all 50 states. Prior to this decision, same-sex marriage was legal in 36 states, but Texas was not one of them. Even if a couple was legally married in another state and moved to Texas, Texas did not recognize it as a legal marriage. Since same-sex marriages were not recognized as legal, Texas law had no provision for same-sex divorces.

Texas will now recognize marriages of couples who were married in another state. According to the Texas Tribune, approximately 465 same-sex Texas couples received marriage licenses on the day following the Supreme Court decision. Marriage licenses continue to be issued in large numbers on a daily basis.

Now That Same-Sex Marriages are Legal, Divorces Will Follow

Every year in Texas, approximately 82,000 couples divorce. It is only common sense to expect that some same-sex marriage will also end in divorce. The purpose of the Supreme Court decision was to grant the same rights to same-sex couples as to heterosexual couples. This means that the same divorce laws that apply to heterosexual couples will now also apply to same-sex couples.

If you are in a same-sex marriage and contemplating divorce, you need the services of experienced divorce attorneys. If you are contemplating marriage now that the law allows it, you also may want to consider a premarital agreement to protect your private property and your future assets. The right to same-sex marriage brings with it all the rights previously applicable only to marriages between a man and a woman.


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