Out in SA: “On March 24, a San Antonio jury returned a verdict in favor of Christopher Hoffman, a gay man who sought to prove a common law marriage existed since 1996 with his former partner, Moises Ortiz. The decision clears the way for Hoffman to legally divorce Ortiz and thus be eligible for alimony and other benefits .
Various judges have ruled a same-sex marriage existed before Obergefell vs. Hodges, the 2015 Supreme Court decision that legalized same sex marriage. However, this is the first time a jury in Texas has made such a finding within the confines of a divorce action.
Hoffman filed for divorce from Ortiz in 2019, claiming the two were married under the Texas Family Code, which regulates how common law marriages are defined. For his part, Ortiz denied that a common law marriage existed saying that he and Hoffman were “simply roommates that acted as partners.”
Hoffman offered evidence that during their 25 years together he and Ortiz wore matching gold rings, that they represented themselves as married to their friends and family, owned property together, and resided in a high-rise apartment that was featured in a San Antonio Express-News article which mentioned both their names….
In an email to Out In SA, Hoffman’s attorney, Justin P. Nichols, wrote, “To have a jury validate that the couple’s relationship constituted a marriage meant a tremendous amount to Hoffman, who has been fighting for almost three years to have his marriage recognized. This case can have broad implications for thousands of gay couples throughout Texas.””