On November 5, 2013, the Texas Supreme Court will hear oral argument about whether Texas can grant divorces for same-sex couples. Since Texas law currently does not allow any action that "legitimizes" same-sex marriage, the Texas Attorney General argues that granting a same-sex divorce is an action that recognizes same-sex marriage that occurred in another state.
The two couples who are involved in the case were married in Massachusetts several years ago, have since split up, and have been unable to get a finalized divorce in Texas.
The recent IRS ruling recognizing same-sex marriages creates another problem- the couples are now considered "married" for purposes of income tax filing.
The attorney who is representing the couples has stated that they "just want to get on with their lives."
Since the laws involving same-sex marriages vary so widely from state to state and are in a condition of constant change, expect to see more "conflicts of law" cases like this one.
In the meantime, same-sex couples are advised to know their rights and options in relation to family law, joint property ownership and estate planning and to seek a legal consult when needed.
Kalish Law Texas - Since 1984 The Woodlands Texas