Obergefell and Divorce in Texas
So many things are changing following the Obergefell opinion handed down by the United States Supreme Court. That opinion finally confirmed that same-sex couples have a fundamental right to marry. Prior to this decision, Texas did not recognize such marriages. In the wake of Obergefell, an additional right that many Texas same-sex couples are seeking to take advantage of is divorce. Prior to the decision, as Texas residents it was difficult or impossible for same-sex couples to divorce. Now that Obergefell has recognized marriage as a fundamental right, it follows hand-in-hand that divorce is also a fundamental right. Not only is this important to do legally (to handle ongoing community property issues, co-owned property such as houses and cars, and other issues), but it provides same-sex couples with the sense of closure to their relationship previously afforded only to same-sex couples.
