Monthly Archives: January 2009

Gay Divorce in Texas?

Gay Divorce in Texas?

Here  is an interesting new issue in Texas family law – what happens when a Texas citizen gets married in another state and then, while living in Texas, wants to get divorced?  Oh, and one other thing,  it is a same-sex marriage.

While same-sex marriage is not recognized in Texas, it is legal in several other states. At some point we will get an answer to the question because a Dallas man filed for divorce from his husband last week.  They were married in Massachusetts in 2006 and have resided in Dallas ever since.

The Texas Attorney General has indicated that he will intervene in the case and seek its dismissal based on the constitutional prohibition against gay marriage.

This leaves the same-sex couple who are splitting up in a strange predicament.  They probably can’t get divorced in Texas since the state does not recognize them as married.  They could get divorced in Massachusetts where their marriage is recognized, but first one of them would have to meet the statutory residency requirement (one year) before filing.

I have said for years when it comes to gay marriage and divorce, why should us heterosexuals have all the fun?

Justia Divorce Attorney Listing

Here is a link to my new listing on

How Do You Divide a Kidney?

Dr. Wants Kidney Returned from Wife

Give Me My Kidney!

A Long Island surgeon, Dr. Richard Batista, is seeking the return of his donated kidney from his wife in the property division of his ongoing divorce case.  Alternatively, he is willing to allow her to keep the kidney in exchange for $1.5 million.

Apparently, the valuation was derived based on what a black market kidney would sell for.  However, such sales are illegal in the U.S.

The article goes on to explain that Dr. Batista is extremely hurt and upset by his wife’s extra marital affairs which occurred some time after the kidney transplant.

Generally speaking, a kidney (donated or otherwise) would not be a marital asset subject to division.  But it will be interesting to see how the New York divorce court handles the case.