Legal Question in Family Law in Texas

I am a female, and I married a same sex partner in Connecticut in 2009. We lived in Tennessee. We split up and I remarried a man in Tennessee but did not divorce my same sex partner. We now live in Texas. Is this considered bigomy since the same sex marriage was not recognized in Tennessee? If we get divorced in Connecticut does this solve the problem? Would my current spouse have grounds for annulment on this premise? I did not think I was doing anything wrong since the same sex marriage is not recognized in Tennessee or Texas.


Asked on 9/22/13, 5:28 pm

1 Answer from Attorneys

Fran Brochstein Attorney & Mediator

I jut found out this week-end that a gay couple I know in TX, even though their "marriage" is not recognized in TX, must file a joint tax return with the federal government! So the laws are changing fast in this area.

I might be wrong but here goes...

In TX and TN you are not married...but in Connecticut you are a bigamist. So I suspect you need to file for divorce in Connecticut.

I would call Mitchell Katine, one of the smartest attorneys I know & ask him. He and his law firm specialize in trying to stay current in this area of the law. Obviously it is changing quickly. The name of his firm is Katine & Nechum. So "google" it - they are in Houston. I think their law firm just moved their location. His law partner recognized in the gay pride parade this year. This firm is top-notch! You can tell them that I said that - they have known me for many years!

Tell them that I sent you.

Let me know ([email protected]) what they tell you so that I know the answer.

I'd like to know if I'm wrong.

Additionally, I don't think your spouse can divorce you for annulment since it sounds like you guys have been together for a long time. Annulment normally have to occur pretty quickly after the wedding. He could file for a divorce if he wanted - TX is a no-fault divorce state which means that he does not need to state a reason why he even wants a divorce.

Good luck!

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Answered on 9/23/13, 8:13 am


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