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Does a same-sex couple have to move back to Massachusetts to get divorced?

October 3rd, 2009 by Joseph William Singer

A judge in Texas has allowed a couple married in Massachusetts to get divorced in Texas even though Texas law does not recognize the validity of same-sex marriages. The couple was married in Massachusetts but then moved to Texas when one of them was transferred by his company. They decided to divorce after moving to Texas. If the Texas courts cannot grant the divorce, then one of them would have to move back to Massachusetts and live there for a full year before a divorce could be granted. If they want a Massachusetts court to order equitable distribution of the property acquired during the marriage, both would have to move back to Massachusetts. To avoid this result, Texas judge Tena Callahan ruled that it violated the equal protection clause for Texas not to recognize the validity of the Massachusetts marriage. The Texas attorney general has vowed to appeal to overturn the ruling.  read article read 2d article

Posted in Antidiscrimination law, Marital property, Sexual orientation | Comments Off on Does a same-sex couple have to move back to Massachusetts to get divorced?

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