Married in Massachusetts, Divorced in Texas?
A Dallas couple who married in Massachusetts are currently attempting to persuade Texas courts to permit them to divorce. The couple may not request a divorce from Massachusetts as it has a requirement that they live for one year in the state before granting a divorce. Says the couple's attorney Peter Schulte: "It's about recognizing what other states have recognized and allowing those individuals who choose to live in the state of Texas to be able to dissolve their relationship without having to move back to the state where they were married."
Heterosexual couples are able to seek a divorce from their current state of residence without needing to return to the state that married them. This is because states have a reciprocity agreement to recognize each other's marriages and divorces. However, Texas Attorney General Greg Abbott intends to intervene in the case and use previous support for the anti-gay marriage amendment to suggest that Texas courts may also not handle same-sex divorces.
While of course most couples planning for marriage are reluctant to plan for the possibility of divorce, situations like this can create difficulties down the line. It is important to be familiar with the laws regarding marriage and divorce both in your own state, and the state (or country) you intend to marry in to avoid these potential problems.
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