Texas AG moves to block gay couple's divorce

(NBC) - In Dallas, a case over gay marriage and divorce can lead to big changes in Texas law.

Two men were married in Massachusetts but now live in Dallas.  Texas does not recognize same sex marriages but couples say they're still entitled to a divorce.

After fighting to get married in the eyes of the law, now a same sex Dallas couple is fighting to get a legal divorce.

The divorce was granted by a trial judge until the Texas Attorney General stepped in.

"And if the attorney general had not intervened in the case by the usual count it takes to process a divorce in Dallas County the divorce would be completed," said attorney Jodi Scheske, who represents one of the men.

State attorneys say same sex marriage is not recognized in Texas and therefore, it can't be dissolved.

"Granting my clients divorce furthers the public policy that Texas has against same sex marriage, granting a divorce means one less same sex marriage in Texas," said Scheske.

The couple, known only as J.B. and H.B. in court records, were married in Massachusetts.

"My client is a legal resident of Texas he does not satisfy the Mass residency requirements to obtain a divorce," Scheske said.

A three-judge panel in a Dallas Appeals Court will decide if the divorce can be granted.  So for now it's a waiting game for both parties.

The appeals court can take as long as it wants to decide whether to grant the divorce.

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