The case could set precedent in Texas for same sex couples who were together prior to the Supreme Court legalizing gay marriage. SanAntonio SATX SanAntonioTexas LGBTQ Texas Law Divorce
If the divorce is granted, it would mark the first time Texas has approved a common-law divorce for a same sex couple who were together prior to the U.S. Supreme Court's 2015 ruling allowing gay marriage. in which he seeks to prove a common law marriage existed with his former partner of 25 years when federal law prohibited same sex marriage. The law has since then been ruled unconstitutional by Obergefell vs. Hodges in 2015.
The Texas Family Code provides two methods for establishing a common law marriage. The first is to “file a declaration of informal marriage with the county clerk. Tex. Fam. Code 2.40l.” The second is by showing that “I) the parties ‘agreed to be married’; 2) that the parties lived together as spouses; and 3) that they ‘represented to others that they were married.’ Tex. Fam. Code 2.401 .
On July 30, 2019, Judge Mary Lou Alvarez of the 45th District Court of Bexar County found that Ortiz’s claim that he and Hoffman “were simply roommates that acted as partners to be incredulous testimony.” The judge went on to issue a Ortiz contended that there was no precedent in Texas state law to show that Obergefell applies retroactively to same sex couples.
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