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Texas laws and courts are currently “in limbo” regarding same sex divorce. As more and more states begin recognizing same sex marriages, legislatures will need to catch up to put more laws on the books to address issues of divorcing same sex couples.
In October of 2009, a Dallas County judge ordered the divorce of a same sex couple, sparking ongoing debate and further legal battles over the issue. Her ruling has been overturned by an appellate court in Texas. However a separate appellate court in Texas upheld a divorce of a same sex couple in another county. Essentially, until the Texas Supreme Court and/or the United States Supreme Court makes an ultimate decision on this issue, there is no law that allows for the divorce of same sex couples in Texas. It is expected that the Texas Supreme Court will make a ruling on matter in the near future.