Austin woman contests wife's divorce petition by arguing that their marriage is illegal

Posted on 16 Dec 2009 at 5:10pm

Here’s a new one: An Austin woman is contesting her wife’s effort to divorce her by arguing that Texas doesn’t recognize same-sex marriage. That’s right, Dallas may have had the first same-sex divorce case in Texas, but Austin could have the first case anywhere in which one of the parties has actually tried to use a ban on same-sex marriage to prevent their spouse from obtaining a divorce. According to KXAN, the couple married in Massachusetts in 2004 and adopted a child together. The woman who’s seeking the divorce, Angelique Naylor, told KXAN: “On the day that we got married, she wanted equal rights. On the day that we adopted our child, she wanted equal rights. She’s just trying to tell the judge she doesn’t have to divide those assets with me.”

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