To Marry or Not to Marry?

The United States Supreme Court ruled in 2015 that persons of the same sex may marry in any state or commonwealth in the country.   The ruling was and remains controversial on several fronts.  Nevertheless, the legal and financial issues confronting same-sex couples have largely been resolved provided they marry.

Just as couples of the opposite sex choose at times to remain in committed relationships without marrying, same-sex couples may choose not to marry. Such committed but unmarried couples may take certain legal actions which operate to protect them, similar to protections afforded by marriage, without the detriments that sometimes attend marriage like the obligation to support the other spouse, property distribution in the event of divorce, and divorce itself.

Consult an experienced attorney if you have questions regarding the financial and legal implications of marriage versus divorce, or, if you are certain you wish not to marry, what protections you may implement--such as through trusts, powers of attorney, and wills--to keep your loved one empowered in your life in all the right ways.

Child Issues of Same-Sex Couples

Custody and adoption questions abound in same-sex relationships, in or out of marriage.  Where one party may be the natural parent, the other party simply is not.  Consequently, is a custody order or an adoption more appropriate for governing the rights of the parties over the children?   Whether there is a relatively simple custody order or an adoption decree entered with all of the attendant rights and responsibilities could make an enormous difference in the lives of children and parents should the relationship between the parties sour.  

Furthermore, the law governing custody and adoption varies across jurisdictions significantly. Consult an experienced custody attorney with knowledge of same-sex couple's child issues to explore options for solidifying your family in the best way for you.