Same-Sex Marriage and Divorce in the state of Texas

Texas is considered as one of the progressive states in the United States because it
recognizes same-sex marriages as legal. This recently was implemented last June 26, 2015
and has granted the privilege of marriage to partners of the same gender. More about its
legalization is explained in the landmark case Obergefell v. Hodges. Thanks to this case that
has changed the books of History, same-sex couples are now given marriage rights in the
same way that opposite-sex couples do.

Being a same-sex couple in Texas, in order to get married, the couple must have a license to
marry. This can be availed at the office of the county clerk. Afterwards, the court requires a
waiting time of at least 72 hours before the couple can get married. Marriage should be
initiated by a judge or an authorized religious official, where the couple is required to sign a
marriage license issued by the court in their county of residence. A sworn application of the
couple should indicate a detailed narration of the facts that prove that both individuals
involved in the marriage is legally capable of entering into the marriage. For individuals who
wish to get into a marital relationship but are below the age of 18 years old, they should
acquire the written consent of their parents, or a court order that legalizes them to get
married. In the same manner as opposite-sex marriages, it is also important to note that
individuals are not allowed to marry those who are related to them by blood, those who are
not currently married, or those who wish to marry a current step-child or step-parent. This is
covered by the other statutes of the law that does not allow such to be involved in a
marriage.

When the court in the county of residence issues the marriage license, the marriage
ceremony must be done within 31 days of its issuance. However, the couple must consider
the 72-hour waiting period for the validity of the license. Those who are authorized to
perform the ceremony may be a Justice of the Peace, Minister, Rabbi, or Priest. There are
also other authorized officers, as long as they are able to show valid and concrete proof that
they have the ability to perform the marriage and will be recognized by the law.

If there is an instance that the married couple performed the ceremony outside the state of
Texas, or even outside the country, it is important to consider if the ceremony was
performed in a place where same-sex marriage is also considered so that it will also be
recognized in the state of Texas

If the couple does not want to enter into a full marriage ceremony in front of a priest, they
have the option to enter another form of marriage which is rather more informal compared
to the initially discussed type of marriage. This is called the “Common Law” Marriage. This is
where the couple only needs to indicate their legal marriage date where they get to meet all
the requirements to enter a marriage. More specifically, a “common law” marriage can be
proved in such a way that there is a declaration of marriage that was signed by the parties,
and that the parties agree to be married and are to live together in Texas. The downside of
the “common law” marriage however is that there are other states that do not recognize
this. Most states require that the couples go through the process of applying for a license
and going through the entire marriage ceremony.

It is good to note that the state of Texas recognizes that same-sex marriages should be
presented with the same rights given to opposite-sex marriages. That is why, in the same
way that opposite-sex marriages have a divorce, same-sex marriages also have this. It is
also an advantage that the process of a divorce of an opposite-sex couple is the same as the
same-sex couple.

The court allows the same-sex couple to avail the types of divorce where it is either
contested or uncontested. A contested divorce is when both of the spouses agree that the
case should go on, and that they agree to have the divorce fully. If it is evident that
violence, or harm is involved which made the case arise, the family member who is the
victim may demand for a protective order from the court. This will serve as protection given
by the government to those whose lives are at stake, especially the children. The country
gives the family the option to stay in a domestic violence shelter, or legal aid office so that
these can assist those who are in danger to claim a protective order. If the protective order
is taking too long to acquire, a faster solution is for the court to issue a Temporary
Restraining Order so that the abuser or the family member that causes harm or violence is
restrained from participating in the case.

One of the advantages of filing a divorce in the state of Texas is that couples can simply
give the reason that the relationship just did not work out in the end. It does not require
that one of the members had a “fault” in the marriage in order to make the divorce valid.
Some other grounds that are also considered valid may be abuse, abandonment, or
adultery.

Just the same as opposite-sex marriages, a divorce for same-sex marriages take around 60
days once it is filed for it to arrive at a decision by the court. There are also other factors to
consider such as the visitation rights and custody of the children, if ever the same-sex
couple has any. The protection of the children will apply to all kinds, whether the children
are children by blood, or are adopted. If there are children involved in the marriage, it is
most important to consult an LGBT Family Lawyer in order to give clear action steps on the
custody and visitation rights.

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