Skip to main content

First Same-Sex Divorce in Travis County





Gay divorce in Travis County granted

Attorney General opposes decision

Updated: Monday, 15 Feb 2010, 2:28 PM CST
Published : Monday, 15 Feb 2010, 7:44 PM CST
Angelique Naylor said she did not mean to make history when she filed for divorce, but she does not mind fighting for rights she believes same-sex couples deserve.
A Travis County judge seems to agree with her and granted her a divorce from her wife of five years, despite the wife's opposition to the split.
"On the day that we got married, she wanted equal rights," said Naylor during an interview in December, before the Judge's decision. "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."
Judge Scott H. Jenkins of the 53rd Judicial District Court ruled in favor of Naylor's petition for divorce on Feb. 10. The next day, Attorney General Greg Abbott filed a petition of intervention, saying the state does not recognize same-sex marriage and therefore, same-sex divorce. It is the second time Abbott has filed such a petition. The first time came before a court ruled in favor of a same-sex divorce in the Dallas area.
"I don't know what kind of difference it will make that he filed the petition after the decision was made," said Naylor. "At this point, I'm just waiting for the decree so it's official."
Naylor's attorney, Jennifer Cochran, has said the Attorney General's intervention could land the case in an appellate court. Meanwhile, she hopes the judge's decision resonates nationwide.
"We hope other states will follow the lead of this Texas judge and rise above ideology to do the right thing no matter what the sexuality of the divorcing couple," she said in a statement.
From Jerry Strickland, Communications Director, Office of the Attorney General:
"Because the law and the Constitution of the State of Texas defines marriage as a union between one man and one woman, voidance—not divorce—is the proper remedy in this case. Accordingly, one of the parties has argued in favor of voidance throughout these proceedings. Last week, the State learned that the parties may be changing their legal position and may now instead seek a divorce. The State maintains that the Court has no legal authority to grant this divorce, and as a result, the State must intervene in this case to defend the Texas Constitution." 

News8 Austin also covered the story here.

Popular posts from this blog

Texas State Affairs Committee hears testimony on two adoption bills

On March 27, 2017, Ms. Cochran-Green testified before the Texas Senate State Affairs Committee on two adoption-related bills, SB 329 and
SB 1362.  You can watch the live testimony here. Ms. Cochran-Green's testimony is the Part 1 of the State Affairs Meeting on March 27.  Her testimony is in the second hour and she testified separately on each bill.

SB1362 is authored by Sen. Campbell in which she proposes to changes to the voluntary adoption registry.  Ms. Cochran-Green testified her opposition to the bill because much of the proposed bill is already codified in the Texas Family Code and is common practice among adoption agencies.

SB329 is authored by Senator Creighton in which he proposes to allow adult adopted persons to obtain their original birth certificates at the age of 18.  Ms. Cochran-Green supports this bill as it allows adopted persons in closed adoptions primarily from the 1930s-1990s to seek reunions with their birth parents and obtain medical history that is neede…

Mother's Day: A Time for Reflection and Celebration

This is the time of year that we celebrate motherhood, not only the day-to-day life of being a mom, but also the journey itself.  For some, infertility challenges that journey.  Thankfully there are more options than ever for those who want to become a mother. For many, like myself, the solution was adoption.  I am so thankful for the miracle of adoption, but is it right for you?  The following questions may help you find your answer.
Are you emotionally prepared for adoption? As with making any family planning decision, adoption requires a lot of self-reflection. It also requires that you come to terms with any grief you are experiencing resulting from infertility issues. A friend who adopted told me that she decided to adopt because the chances of becoming a parent were much higher than IVF. That’s true, but there are other challenges to consider. Open adoption is now the norm and it is recommended by experts in the field. Consequently, birth parents will become a part of your famil…

Free Workshop for Divorcees and Widows held in Dripping Springs on Friday, October 14

Jennifer Cochran-Green is hosting a workshop for divorcing and grieving women to approach legal and financial decisions in confidence.  The workshop will  be held  on Friday, October 14, from 11:30 a.m. to 1:00 p.m. at the Dripping Springs Community Library at 501 Sportsplex Drive in Dripping Springs. The format is a lunch and learn where light refreshments will be provided and attendees may bring their own lunch if they choose. Jennifer will deliver a presentation focused on issues impacting children immediately after a death of a parent or during divorce.  Leanne Layne, an estate planning attorney with Kernodle Layne Group and Amy Colton, Wealth Advisor with Forefront Wealth Solutions will deliver presentations on making decisions about estate planning and financial issues. 
"I'm so excited to bring this seminar to the Dripping Springs community at no cost to attendees.  Throughout my career, I have found that many women are often caught off guard by their finances when in…