Same-Sex Divorce Case Among First in Texas

by Martin Arguello

A short hearing in a Fort Worth courtroom marked one of the first same-sex divorce cases in Texas. District Judge William Harris presided over the five-minute hearing that granted the same-sex divorce to Cori Jo Long and Brooke Powell. The divorce ended the couple’s five-year marriage, which began in New Hampshire in 2010. However, the marriage had not been recognized in Texas until an historic U.S. Supreme Court decision this past June called for all states to recognize same-sex marriages.

Details of the Same-Sex Divorce Case

The split between the two women began in 2014. One partner sought a divorce, while the other wanted to pursue a legal annulment of the marriage. The attorneys brought the case before Judge Harris and the 2nd Court of Appeals. During the brief hearing, the judge granted the divorce decree. According to Texas law, the divorce should be final in 61 days. The attorneys for both women stated that, other than the case involving a same-sex divorce, the proceedings were relatively simple. The couple had no children and no property to divide between the partners.

Same-Sex Divorce Case Makes Texas History

The Long-Powell case was one of the first same-sex divorce cases heard in Texas since the Supreme Court ruling. Officials at the courthouse told local reporters that the case was potentially the first same-sex divorce case in Tarrant County. After the hearing, Ms. Long told reporters that her case shows that same-sex divorce will become much easier in Texas. “Now, it will just be everyday life,” she said. “People get married and people get divorced. The LBGT community will have legal protection.”

Delays Lengthen Same-Sex Divorce Cases

Despite the fact that the couple sought a divorce more than a year ago, the legal battles over same-sex marriage led to significant delays in same-sex divorce cases. The Long-Powell case also attracted major media attention as one of the first same-sex divorce cases in Texas, a state that did not recognize such marriages until the Supreme Court decision. Ms. Powell told reporters that she felt “invisible” and frustrated that “there was no resolution” to the case. She also said that she “always had faith in the legal system” and that her case would be heard.

Same-Sex Divorce Cases Bring Conflict, Complexities

In the Long-Powell case, the nature of property divisions and lack of child custody made for a relatively simple hearing. However, some experts expect that future same-sex divorce cases may bring more complex problems to the forefront. Texas law does not specify how to handle child custody cases in the event of a same-sex divorce. An attorney for Ms. Long told reporters that her client had adopted a child after the couple ended the relationship. She said that, if Ms. Powell had pursued custody of the child, “some significant legal issues that might have come up.”

Source: Biloxi Sun-Herald

Get Answers For Your Same-Sex Divorce Case Questions

To find out how we can answer your questions about your same-sex divorce case contact one of our attorneys today. Our intake team will take down the details of your child custody case and quickly connect you to an attorney who understands same-sex divorce cases and how your status affects your case. You can also fill out the “Free Case Evaluation” form at the top of this page.

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