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Divorce not simple for homosexual couples

Texans who have been monitoring the gay rights movement in the United States might have noticed that the most recent issue is the inability to get a divorce or marry in every state. While federal law has stated that there is no reason homosexual couples can't marry, it is still only recognized on a state-by-state basis, and in some cases, even a judge-by-judge basis. The problem with this is that now, some couples have been married but are unable to get a recognized divorce after they have moved to different states or areas. In addition, when problems like child custody and property division come up, the results aren't always fair.

In most divorces, child custody and other factors of a divorce would need to be determined in a court. But, if the court doesn't recognize your marriage or divorce, you could have a problem. If you are, for instance, not related to your child because of using your partner's egg and a donor sperm, you could lose the right to see the child due to not being related by blood. In other cases, a judge may not allow you to get a divorce that states your property division; you could be forced to sign a different kind of agreement, and you won't be able to go to divorce court for any arguments.

In the Dec. 4 report, one woman has been trying to seek a divorce, but in Mississippi, where she now lives, her marriage isn't recognized, and a divorce isn't allowed. In Texas, one judge granted a divorce only to have it overturned by another because of a constitutional ban. Many states are still arguing among themselves about the constitutionality of these divorces, but in the meantime, child custody battles and arrangements are getting pushed to the wayside. This is why the advice of an experienced family law attorney can be so valuable. Same-sex couples may have options of which they were not previously aware.

Source: The Wisconsin Gazette, "Divorce equality: Gay couples fight for right to separate in some states" No Author Given, Dec. 02, 2013

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