A lawyer for a Dallas man trying to divorce the man he married in Massachusetts told a Texas appeals court Wednesday that his client is entitled to a divorce because he had a valid marriage. Same sex marriages do not exist in Texas but the couple insists they’re entitled to a divorce. But the Texas Attorney General’s Office argued before the three-judge 5th Texas Court of Appeals panel that the marriage isn’t recognized by Texas, so they cannot get a divorce. If the Attorney General had not intervened in the case by the usual count it takes to process a divorce in Dallas County the divorce would be completed. The couple also had an agreement to divide their property but that also is on hold.
Gay and lesbian couples who turn to the courts when they break up are getting mixed results across the nation. A Pennsylvania judge last month refused to divorce two women who married in Massachusetts, while New York grants such divorces even though the state doesn’t allow same-sex marriage.