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Tuesday, September 15, 2015

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.