The U.S. Supreme Court made a landmark ruling today striking down states' bans on gay marriage. This ruling not only authorizes gay same sex marriage in Texas, but it also now allows previously forbidden same sex divorce in the Lone Star state.
In the past Texas refused to allow same sex divorce because Texas did not officially recognize any gay and lesbian marriages. Today, that changes.
In Obergefell v. Hodges, 576 U.S. _____(2015) the U.S. Supreme Court said the Fourteenth Amendment requires a state to license a marriage between two people of the same sex and "to recognize a marriage between two people of the same sex when their marriage was lawfully licensed and performed out-of-state." Same sex couples who were lawfully licensed and married elsewhere may now divorce in Texas.
However, some lawyers and gay and lesbian couples are concerned that family court judges who opposed gay marriage may treat a same sex couple differently from a heterosexual couple in divorce.
Private, same sex divorce mediation allows gay and lesbian couples to remain in complete control of the decision making for themselves and their children. A Texas judge must respect as legally binding a signed agreement a couple reached during a mediation with a neutral third party, provided those agreements were voluntary, and were written in proper form.
An attorney-mediator at Detente will gladly answer your questions and schedule a free consultation for the two of you to learn how you can use mediation for same sex divorce in Texas. Call now! 817.283.5100.