TX Gays Apparently Can’t Get Divorce There

April 20, 2010 at 08:47 (News, Society)

Makes perfect sense, regardless of your views on the subject. If you don’t legally recognize a ‘marriage’ as valid, then how can you legally get a divorce? What’s to divorce? Legally you were never ‘married’..

DALLAS — After the joy of a wedding and the adoption of a baby came arguments that couldn’t be resolved, leading Angelique Naylor to file for divorce.

That left her fighting both the woman she married in Massachusetts and the state of Texas, which says a union granted in a state where same-sex marriage is legal can’t be dissolved with a divorce in a state where it’s not.

A judge in Austin granted the divorce, but Texas Attorney General Greg Abbott is appealing the decision. He also is appealing a divorce granted to a gay couple in Dallas, saying protecting the “traditional definition of marriage” means doing the same for divorce.

A state appeals court is scheduled to hear arguments in the Dallas case on Wednesday.

The Dallas men, who declined to be interviewed for this story and are known only as J.B. and H.B. in court filings, had an amicable separation, with no disputes on separation of property and no children involved, said attorney Peter Schulte, who represents J.B. The couple, who married in 2006 in Massachusetts and separated two years later, simply want an official divorce, Schulte said.

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