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Obergerfell v. Hodges

On August 4, 2016

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In 2015 the US Supreme Court in Obergerfell v. Hodges held that same sex couples may exercise the right to marry in all states. As to Texas marital law there are several unanswered questions that the Courts and Legislature will need to resolve.

When will the Courts presume the marriage began? Since same sex couples were unable to legal marry, will the Courts treat these relationships in the manner the law currently treats informal marriage. Informal marriage begins at the time the parties agree to be married. If a same sex couple undertakes a formal marriage after Obergerfell, but has lived together for many years as spouses before will the answer be different.

Who can get divorced? Does Obergerfell allow for couples who lived together as spouses, but broke up prior to the ruling, to file for divorce.

These questions will need to be resolved to determine what community property may be divided by the Courts when inevitably some of these new spouses want to untie the knot.

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