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same sex divorce/family law matters Archives

Family law issues remain for same-sex parents who divorce

The U.S. Supreme Court's landmark ruling in 2015 went a long ways toward settling the matter of marriage equality. However, there are issues that remain. In spite of the fact that same-sex couples are entitled to the same marriage rights, some family law concerns can still cause heartache and confusion for many of these couples. Like other states, New York has its own laws regarding the adoption of children.

Same sex divorce may require more careful planning

When the United States Supreme Court ruled that gay marriage was entitled to the same considerations under the constitution as heterosexual marriage, that also included the rights of these couples to dissolve a relationship that is no longer viable. However, those considering the process of obtaining a same sex divorce may benefit from careful planning before starting the process. Every state has its own laws regulating divorce, and New York residents can seek more information regarding how this process will work for them.

Getting married? Same-sex couples need prenups, too

Since the U.S. Supreme Court opened up the possibility of marriage for same-sex couples, they have made their unions legal through marriage here in New York and elsewhere. As time passes, however, same-sex couples have begun to realize that they take the same risk as all married couples do -- the possibility of divorce.

Court in same-sex divorce recognizes woman as husband and father

In spite of the United States Supreme Court's ruling in 2015 that gay couples have the same rights as heterosexual couples, there are still states and lawmakers who are resistant to this idea. However, many judges, especially here in New York, are choosing to support the constitution when granting a same-sex divorce. One court took another step when it granted a woman the legal designation as husband and father.

Green card for same-sex spouse is aspect of family law

When the Defense of Marriage Act was the law of the land, it prevented same-sex partners from applying for a green card for their non-resident spouse. However, since that law has been overturned, it is now possible for a green card to be issued in these circumstances as long as certain conditions are met. New York residents who are in a same-sex marriage and need information can get help with this aspect of family law vis-a-vis immigration issues.

Judge to skip cases involving selected family law matters

In 2015, the United States Supreme Court ruled that same sex marriages are protected by the U.S. Constitution. Those entering into these unions are entitled to the same rights and protections as those in a heterosexual marriage. In spite of that ruling, there are apparently still some pockets of the country where judges are resistant to hearing cases involving certain family law matters. While New York residents enjoy a welcoming environment for all, not every state is the same.

Same-sex parents may benefit from adoption info

Though you may have always wanted to have a child, as a member of the LGBT community, you may have always found this prospect out of reach. Even if you were able to have a surrogate or give birth to the child yourself through sperm donation, the idea that your partner or spouse could not legally claim the child may have left you feeling disappointed. However, you and your spouse may have the ability to go through proper legal channels in order to ensure that you both have legal parental status.

Court rules case goes back in same sex divorce/family law matters

A Supreme Court in one state has ruled that a custody case needs to go back to the lower court in order to ensure that a mother's rights are upheld. The majority ruled that a court may have relied too heavily on a child advocate and on one parent's religious beliefs when its decision was rendered in a case dealing with same sex divorce/family law matters. Some New York families may be interested in the outcome of the case once it is concluded.

Adoption and custody in same sex divorce/family law matters

The U.S. Supreme Court ruled in 2015 that same sex marriage is a legal institution throughout the country. As a result, many of these couples may be under the mistaken impression that same sex adoption and custody will be treated with the same legal protections that heterosexual couples enjoy. However, same sex couples in New York may benefit from seeking more information concerning the state's position regarding same sex divorce/family law matters.

Holiday proposal may lead to same sex divorce/family law matters

One of the most romantic holidays has recently come and gone once again. While it may seem like a good idea to celebrate the love of one's life with a Valentine marriage proposal, the statistics show there is a correlation between these holiday proposals and same sex divorce/family law matters. There may be many former couples in New York who went through their own holiday-linked divorce.