Even though the 2015 Supreme Court ruling was a landmark event concerning gay marriage, it has not solved all of the issues that may crop up. When it comes to estate planning, many same-sex couples may mistakenly believe that such planning will be similar what opposite sex couples face. Unfortunately, even though New York has many protections, it may be beneficial to ensure that there are as many documents prepared as possible.
The old adage that nothing lasts forever is true for so many things, including relationships. No matter one's best intentions, every marriage can face difficult times that may cause it to end in divorce, including same-sex marriages. New York couples who are contemplating getting married -- or who already have -- may consider drafting a marital agreement that can offer protection for themselves and their loved ones.
In 2015, the U.S. Supreme Court ruled that gay marriage was afforded the same protection under the laws as is heterosexual marriage. With that ruling, there has been a host of other issues relating to same-sex marriage that have cropped up in state courts across the country, including here in New York. Now, a woman is petitioning the Supreme Court to wade in on another case concerning paternity rights.
It is rare that a parent will attempt to avoid child support by seeking to have his or her parental rights terminated. In another state, a former spouse is seeking to have her own parental rights revoked after her same-sex divorce. The unusual circumstances raise issues about child rearing that has caught the attention of advocacy groups in New York and elsewhere.
A census conducted in 2000 revealed that anywhere between one and nine million children are being raised in families that are headed by same-sex parents. While that figure has likely jumped considerably with the legalization of same-sex marriage, family life for these children has likely remained the same as it is for those raised by parents of the opposite sex. Many of these families are living in New York, which has supported these types of marriages for some time.
In 2015, the U.S. Supreme Court extended legal protections and allowed same-sex couples to enter into valid marriages. Unfortunately, that ruling applied to the joining of two lives and did not address the issues that some couples are discovering in the event they decide to file for a same-sex divorce. New York has its own laws regarding these divorces, and it may be beneficial to seek information on how the state laws will apply in a given situation.
Even though the United States has achieved marriage equality, there are still many legal obstacles that same-sex couples may face. Despite increased legal protections and wider acceptance for gay families, family law can still sometimes be particularly challenging for partners in same-sex relationships.
Many people may believe that the Supreme Court ruling in 2015 that recognized the rights of same-sex couples to marry also conferred the right to claim parentage of any children born into these unions. Unfortunately, that belief is often mistaken, depending on the state where one lives, and one partner may be required to go through the second-parent adoption process. New York has its own laws concerning whether each partner in a same-sex marriage will be considered an equal parent of their children.
New York families come in all forms today, especially since the U.S. Supreme Court legalized same-sex marriages. However, in situations where a couple has been in a relationship before that ruling and a child has been born through artificial insemination, it may be difficult to determine what the legal definition of parenthood should be and what rights and responsibilities should be assigned to same-sex partners who form a family. One woman has recently filed a lawsuit seeking to redefine the role that these partners should play.
The U.S. Supreme Court ruled in favor of marriage equality in June of 2015. As a result, same sex couples are entitled to the same rights as heterosexual couples -- including a divorce. New York was one of the states that allowed same sex couples to wed before the Highest Court's ruling and has its own laws regarding the process for divorcing couples.