Texas tries to block gay divorce in appeals court challenge
Court Alerts
A lawyer for a Dallas man trying to divorce the man he married in Massachusetts told a Texas appeals court Wednesday that his client is entitled to a divorce because he had a valid marriage.
But the Texas Attorney General's Office argued before the three-judge 5th Texas Court of Appeals panel that the marriage isn't recognized by Texas, so they cannot get a divorce. Jimmy Blacklock, an assistant Texas solicitor general, said the men's union can only be voided.
"The parties lack standing to file a divorce case because they're not married," he said.
The Dallas men wed in 2006 in Massachusetts, where gay marriage is legal, and separated two years later.
Attorney General Greg Abbott appealed a Dallas state district judge's ruling in October that granted a divorce to the men and said the state's same-sex marriage ban violates equal rights guaranteed by the U.S. Constitution.
Abbott is also appealing an Austin judge's ruling this spring that granted a divorce to two women married in Massachusetts.
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Grounds for Divorce in Ohio - Sylkatis Law, LLC
A divorce in Ohio is filed when there is typically “fault” by one of the parties and party not at “fault” seeks to end the marriage. A court in Ohio may grant a divorce for the following reasons:
• Willful absence of the adverse party for one year
• Adultery
• Extreme cruelty
• Fraudulent contract
• Any gross neglect of duty
• Habitual drunkenness
• Imprisonment in a correctional institution at the time of filing the complaint
• Procurement of a divorce outside this state by the other party
Additionally, there are two “no-fault” basis for which a court may grant a divorce:
• When the parties have, without interruption for one year, lived separate and apart without cohabitation
• Incompatibility, unless denied by either party
However, whether or not the the court grants the divorce for “fault” or not, in Ohio the party not at “fault” will not get a bigger slice of the marital property.