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But the Texas Attorney General appealed, and on August 31, 2010, the Fifth Court of Appeals in Dallas reversed the lower court, ruling that the same-sex marriage ban does not violate the Equal Protection Clause of the Fourteenth Amendment, even when used to prevent a legally-married couple from obtaining a divorce.
A fault divorce is a divorce which is granted after the party asking for the divorce sufficiently proves that the other party did something wrong that justifies ending the marriage. [8] For example, in Texas, grounds for an "at-fault" divorce include cruelty, adultery, a felony conviction, abandonment, living apart, and commitment in a mental ...
The National Association of Women Lawyers was instrumental in convincing the American Bar Association to create a Family Law section in many state courts, and pushed strongly for no-fault divorce law around 1960 (cf. Uniform Marriage and Divorce Act). In 1969, California became the first U.S. state to pass a no-fault divorce law. [15]
On October 2, 2009, Judge Tena Callahan rejected the state's attempt to intervene and ruled in the case of In re Marriage of J.B. and H.B. that, to the extent Texas' laws purported to prevent two men who were legally married in Massachusetts from getting a divorce in Texas, those laws were unconstitutional. [43]
In the Matter of the Marriage of J.B. and H.B. was a case arising from a divorce petition filed by a same-sex couple in Texas. They had been married in Massachusetts. A Texas Family Court granted the petition, holding that Texas's Proposition 2, which prohibited the court from recognizing a same-sex marriage, violated the due process and equal protection guarantees of the Fourteenth Amendment ...
The Texas Legislature’s approval of SB 907 in 2021 allowed county clerks to issue marriage licenses remotely. Here’s how to apply in Tarrant County. ... The Texas Legislature’s approval of ...