On June 19, 2015 I published a blog about a same sex divorce being upheld in Texas. You can read that post here. That post was written before the landmark decision on June 26, 2015 by the United State Supreme Court stating that same sex couples could now marry in every state and that all states must recognize same sex marriages from any state. With that ruling also now comes same sex divorce in Texas. While people may not want to talk about divorce there is much more significance to the fact that same sex marriage is allowed because a couple later wishing to separate now have the same rights and abilities as a heterosexual couple has had.
So regardless of the reason the Texas Supreme Court upheld the divorce, ALL courts where a heterosexual couple could file a divorce must now also allow same sex couples to file a divorce. Further, since the United States Supreme Court found that the ban on same sex marriages violated the constitution that means that whenever you got married your marriage is recognized from that date. The ruling does not require you to go out and get remarried, your current marriage is valid.
What this provides for same sex couples who were or now get married and later decide to go their separate ways, all aspects of the marriage can be dissolved. In the past same sex couples either had to go to the state where they got married so that they could divorce or they had to get an Order declaring their marriage void in Texas, file another suit to divide any property they had and then file a suit to resolve all issues with respect to children if the couple had children. With same sex marriage comes the ability to recognize a valid marriage, divide all property and assets accordingly, resolve all child custody, support and possession issues, all in one suit.
I will be posting about more issues relating to same sex couples and how the decision by the United States Supreme Court affects them in the next few posts.