Texas Enters Same Sex Divorce Fray
POSTED: Thursday, April 22, 2010 - 8:10am
UPDATED: Tuesday, August 17, 2010 - 10:53am
Dallas - A case over gay marriage and divorce could lead to big changes in Texas law.
Two men married in Massachusetts but now live in Dallas.
Same sex marriages do not exist in Texas but the couple insists they're entitled to a divorce.
After fighting to get married in the eyes of the law, the divorce was granted by a trial judge until the Texas Attorney General stepped in.
"And if the Attorney General had not intervened in the case by the usual count it takes to process a divorce in Dallas County the divorce would be completed."
State attorneys say same sex marriage is not recognized in Texas and therefore it cannot be dissolved...
"Granting my clients divorce furthers the public policy that Texas has against same sex marriage...granting a divorce means one less same sex marriage in Texas."
The couple known only as JB and HB in court records were married in Massachusetts...
"My client is is legal resident of Texas he does not satisfy the mass residency requirements to obtain a divorce."
A three judge panel in a Dallas appeals court will now decide if the divorce can be granted.
The couple also had an agreement to divide their property but that also is on hold.