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Couple Attempts Divorce in Texas


AUSTIN TEXAS X390 (PHOTOS.COM) | ADVOCATE.COM

Two women are fighting over their right to divorce in Texas after getting married in Massachusetts five years ago.

Angelique Naylor of Travis County says her spouse, who was not identified in press reports, is contesting the request for a divorce on the grounds that same-sex marriage is not recognized in Texas, according to News 8 Austin.

"My spouse wanted equal rights on the day that we got married, and now that we're back in Texas, the law allows her to keep assets from me," Naylor said in the report. "Now she wants to step forward and say, 'no I don't want equal rights, it's OK to violate the constitution today as long as I don't have to share assets."

Atty. Gen. Greg Abbott's office said in a statement that when two people of the same sex who want to end their marriage are in differents state, the proper legal procedure is voidance, not divorce. According to Texas code, the term voidance is used to terminate marriages between relatives or between an adult and a minor.

In October a judge ruled that a married gay couple living in Dallas could divorce. Abbott's office also intervened in that case, saying that anti-gay-marriage laws should prevent the state from dissolving the marriage. Despite the judge's ruling that the Texas marriage ban violated equal protection under the law, Abbott said he would appeal the ruling "to defend the traditional definition of marriage that was approved by Texas voters."

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Reader Comments
  • Name: Candie
    Date posted: 12/21/2009 12:34:03 PM
    Hometown: Seattle WA

    Comment:

    Why do "lesbians" always do this? What kind of statement is that? Perhaps "lesbians" should learn from their "gay brothers" and marry women- have sex on the side with their male lovers- then come out later after having fathered children and abandoning them to their straight wives.. hmmm? None of us are immune to relationships that fail and pointing fingers at anyone in the gay community- esp: if you are gay- is not a positive approach to creating a world without judgment and equal rights for all. Be careful what you say- "boys"...

  • Name: Arson
    Date posted: 12/21/2009 10:50:38 AM
    Hometown: Lincoln, NE

    Comment:

    First off, lesbians make everything complicated, lmao. That aside, there is no reason at all that a couple should have to settle with this 'voidance' crap. The are not not related, and they are both adults. And no people, they cannot just go back to where they were married and say 'I want a divorce' - you must reside in a state for X amount of time to get a divorce, they are not handed out like candy.

  • Name: Chris
    Date posted: 12/21/2009 10:50:14 AM
    Hometown: Virginia Beach

    Comment:

    @Johnathan...In the Virginia case one of the woman had gone straight....still did damage to us because that makes it look like being gay is a choice.

  • Name: Ryan
    Date posted: 12/20/2009 3:15:58 PM
    Hometown: Boston

    Comment:

    @ Roger, no they can't. One has to be a resident of a state in order to get a divorce. If they live in TX they have to get divorced or have an annulment in TX.

  • Name: Jonathan
    Date posted: 12/19/2009 11:51:01 AM
    Hometown: New York

    Comment:

    Why do lesbians always break up and invoke horrible homophobic arguments in their legal claims? First the Virginia custody case and now this-- Do you people understand the harm you are causing by using legal arguments such as, "gay marriage has no standing under Texas state law"? Who needs enemies when we have ourselves...

  • Name: warren
    Date posted: 12/19/2009 10:23:37 AM
    Hometown: NYC

    Comment:

    lo, the traditional meaning of divorce is divorce. Divorce has nothing to do with marriage!

  • Name: Roger Burr
    Date posted: 12/19/2009 10:06:49 AM
    Hometown: Marble Hill

    Comment:

    This issue has come up before, in another state.ince Texas does not recognize same-sex marriage; they will argue they lack authority to dissolve any such union. The plaintiffs will be told to go back to the state in which they were married, and divorce THERE!



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