Some same-sex couples decide to divorce, just like their opposite-sex counterparts, but as you undoubtedly know, same-sex divorces are more complicated in certain states. Texas law does not currently recognize same-sex marriage or same-sex divorce, but some gay and lesbian residents who were married in other states are challenging the norm.
A Washington, D.C., couple who wed in 2010 subsequently moved to San Antonio. The women have one child together. The spouses separated in the summer of 2013 and are now seeking a divorce. Both women want custody of the child, but even though they were legally wed outside of Texas, they are not being afforded the same rights and family law protections that most divorcing couples take for granted.
In February, a federal judge addressed Texas' legal stance on gay marriage, ruling that the state's ban is unconstitutional. Now the San Antonio judge will have the opportunity to rule on same-sex divorce.
An attorney for one of the women said they are determined to take the issue as far as they need to in order to do what is best for the child. The attorney stated that children should be protected by marriage laws despite the type of marriage.
The attorneys for both women were to submit briefs on the matter by April 11 so a judge can move forward with a ruling on whether the couple can divorce in the state.
Even the most amicable divorces can be painful and difficult for those involved. When a divorce challenges state or local law, emotional issues are joined by legal entanglements, making legal knowledge an important tool in the overall battle.
Source: Fox29, "Judge to decide whether San Antonio same sex couple can divorce," Robert Price, April 10, 2014