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Gay Couple Uses Skype to Legally Marry in Texas

SuperPsyze

SuperPsyze

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How about a little bit of happier news in CE&P?

Mark Reed and Dante Walkup had been together ten years when they decided it was high time they tied the knot. Unfortunately, though they wanted nothing more than to get married in their native Texas, theirs is a state that does not legally allow same-sex couples to marry. However, Reed and Walkup were not to be deterred and the two came up with a way to have a legal wedding without flying family and friends to another state.

http://www.tomsguide.com/us/Gay-Marriage-Texas-Mark-Reed-Dante-Walkup,news-8790.html
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Congrats to the happy couple :=D:
 
Clever of them!(!)

Congratulations Mark and Dante. I wish you many happy years together.:kiss:
 
Texas recognizes gay marriage?
 
Well they are married, but not in Texas.

So their marriage really doesn't mean much in the state they live in.

They are legally married in Washington, although I'll bet that marriage by Skype may run into some legal challenges.
 
rareboy said:
Well they are married, but not in Texas.

So their marriage really doesn't mean much in the state they live in.

They are legally married in Washington, although I'll bet that marriage by Skype may run into some legal challenges.
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The problem is that the state that they live in won't give them a divorce should the need arise. The state where they were married probably has a residency requirement for divorce. This situation in which there is no way to dissolve the relationship could lead to serious problems with respect to assets held in states that recognize the marriage (should the relationship go south).
 
construct said:
No. It doesn't. That's why being married is a significant liability if you're a Texas citizen.
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construct said:
The problem is that the state that they live in won't give them a divorce should the need arise. The state where they were married probably has a residency requirement for divorce. This situation in which there is no way to dissolve the relationship could lead to serious problems with respect to assets held in states that recognize the marriage (should the relationship go south).
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Not sure I get the problem you are referring to.

Texas (the state they live in) doesn't recognize their marriage. So they shouldn't have any problems if they want to end it. It's like they never married, so there shouldn't be any "marriage" problems with assets.

They live in Texas so I assume that is where their assets are. They just travelled to DC to get a marriage certificate.

And if they moved to a state that did recognize their marriage, then I would assume that state would allow them to divorce as well. Texas only doesn't allow divorce because it doesn't recognize the marriage in the first place.
 
hotatlboi said:
Not sure I get the problem you are referring to.

Texas (the state they live in) doesn't recognize their marriage. So they shouldn't have any problems if they want to end it. It's like they never married, so there shouldn't be any "marriage" problems with assets.

They live in Texas so I assume that is where their assets are. They just travelled to DC to get a marriage certificate.

And if they moved to a state that did recognize their marriage, then I would assume that state would allow them to divorce as well. Texas only doesn't allow divorce because it doesn't recognize the marriage in the first place.
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The problem arises when the assets are in another state that has jurisdiction over those assets, most notably real estate. If a couple is married and owns their house in Vermont then move to Texas and separate, they cannot be divorced. That house in Vermont is still subject to Vermont's law concerning intestacy. In order to be divorced one of them would have to establish residency in a state that recognizes the marriage for purposes of divorce and get a divorce.

The other alternative would be for one partner to buy out the other. If they agree to the transfer, one could sell or give his interest in the property to the other or jointly sell to a third party. Of course, it would help if they are on good terms and know how to contact each other.
 
As Harry Potter would say, BRILLIANT! :=D:

Now they should drive around in a good American-built pickup with longhorns on it and a gun rack in the back with signs on the side that say "Just Married!"

construct said:
The problem is that the state that they live in won't give them a divorce should the need arise. The state where they were married probably has a residency requirement for divorce. This situation in which there is no way to dissolve the relationship could lead to serious problems with respect to assets held in states that recognize the marriage (should the relationship go south).
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Sounds like a beginning for a lawsuit to go to the Supreme Court -- full faith and credit ought to be given.
 
Kulindahr said:
Sounds like a beginning for a lawsuit to go to the Supreme Court -- full faith and credit ought to be given.
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Nope. Full faith and credit doesn't apply to marriage. Probate of the real estate would take place in the state where they left it--the state that recognizes the marriage. The real estate goes to the estranged partner. That judgment (but not the underlying marriage) is then recognized by the Texas court under full faith and credit.

Sure it's cynical, but there's nothing wrong with the real estate (pace, Unclean). The only time a marriage really comes into play is when something else happens--taxes, a creditor's lawsuit, retirement, sickness, death, whatever (unless, of course, you're just getting married for the gifts).
 
construct said:
Nope. Full faith and credit doesn't apply to marriage. Probate of the real estate would take place in the state where they left it--the state that recognizes the marriage. The real estate goes to the estranged partner. That judgment (but not the underlying marriage) is then recognized by the Texas court under full faith and credit.

Sure it's cynical, but there's nothing wrong with the real estate (pace, Unclean). The only time a marriage really comes into play is when something else happens--taxes, a creditor's lawsuit, retirement, sickness, death, whatever (unless, of course, you're just getting married for the gifts).
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Even if the real estate is scattered through more than one state?
 
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