Monday, December 21, 2009

Law professor John Culhane on the difference between divorce and voidance in a same-sex divorce case

12/21/09 WordinEdgewise, by law professor John Culhane:
In this latest case from Texas, a same-sex couple legally married in Massachusetts wanted to dissolve their relationship after moving to Austin, TX. But only one party — it seems like the one with fewer assets — wants to divorce. The other resists, and is apparently seeking to void the marriage. As the Attorney General has opined (correctly), Texas law plainly makes that the right course of action. The difference could be huge, and provides yet another reason for legal recognition of same-sex unions ... In a “void” relationship, several Texas decisions strongly suggest that the less-well-off party might get…nothing.

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