Gay Marriage Divorce Attorney in Tarrant County

by | May 7, 2013 | Law

In the United States, close to 150,000 gay or lesbian couples have been legally married in various states. This number represents about 1/5 of the total marriages conducted in a year. While the number of marriages is on the rise between same sex couples, so too are the number of divorces. The problem many gay couples face however, is that a divorce attorney Tarrant County may not be legally allowed to help them get a divorce even in the same state they were married in.

Some states that have allowed gay marriage, gay divorce may not be recognized yet and in some states where marriage of the same sex is not recognized, divorce is. Adding more confusion to this scenario some states that do allow marriage and divorce will have different requirements for each. Taking Massachusetts for instance, you can marry in the state without having residency but to get a divorce requires one of the two in the relationship to have residency in the state.

A major factor complicating the option for divorce for gay couples is the Federal Defense of Marriage Act, or DOMA, from recognizing gay marriage in the court system. Without the recognition of the marriage in the first place the union is not allowed to be tried in a family court. In this circumstance the case is not allowed to be heard, tried and navigated through the dissolution of emotional and financial issues in a relationship. As anyone who has been through a divorce would understand that not being able to have legal litigation in the matter only makes things more expensive and more frustrating to resolve.

With all of that being said, there are still two ways in which a couple may seek a divorce with legal representation. Hiring a divorce attorney in Tarrant County can help with the legalities while keeping the communication between the two involved spouses at a minimum. If communication is civil then a mediator may help resolve the case. If the marriage was never made legal or the state does not recognize the divorce, an attorney can help dissolve the relationship fairly while keeping down the fees from a court hearing.


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