In late February of 2014, a federal court struck down the same sex marriage ban in Texas. In an equally bizaare move, the verdict was set aside pending appeal. What this means for same sex marriage in Texas is that it is still not legal for same sex marriage to be a right. It will be a right pending the appeal process. For people who have a same sex marriage in Texas and who are seeking a same sex divorce the Texas courts are currently not willing to hear your petition. There has been a lot of dialog over whether or not Texas will allow same sex divorce or if this will be another way for those who protest same sex marriage to muddy the waters around the issue. If you were married in another state and seek a same sex divorce, your best bet is currently file for your same sex divorce in the state in which you were legally married. Not all states will accept those petitions. Progressive states, such as California have written laws that help same sex couples deal with same sex divorce even if the couple does not reside in California. The stipulation is that the marriage have been recognized in California.
Where to go from here?
For those in Texans seeking a same sex divorce or even a same sex marriage, the Federal Court has not yet been scheduled an appeal though it is expected to hear arguments sometime in 2014. The best course of action for same sex couples who were married in another state is to file online via sites like completecase.com. If the state in which you were married will allows you to file for divorce while not being a legal resident of that state then Complete Case will make that process much simpler. The online side helps people prepare divorce papers in an easy and simplified way. Simply log onto the site and check the state where you were married. The system will ask you questions about your marriage and then use that data to produce legitimate divorce papers for the state you chose. You can file in some courts online or by fax. Some courts may require that you file in person. The site will help you determine how you must file your forms. In the meantime, it is hoped that Texas will clear up its legal problems involving same sex marriage and same sex divorce. Once that happens, completecase.com will be able to assist all Texans with the preparation of their divorce papers.