Just over a year ago the United States Supreme Court struck down a portion of the Defense of Marriage Act that prohibited federal recognition of same sex marriage for issues like health insurance, taxes and immigration. The decision stopped short of legalizing same sex marriage, but had a widespread impact nonetheless. Now, a year later there are all sorts of lawsuits involving spousal rights and application of legal principles for same sex couples.
A news story gives an account of some of the more visible cases that are likely to shape the legal landscape on this important legal issue:
● The 10th Circuit Court of Appeals recently handed down a decision striking down Utah’s ban on same sex marriage.
● Other states, such as Oklahoma, have similar cases pending.
● Virginia has a case before the 4th Circuit and the parties are anxiously awaiting a decision.
Legalizing same sex marriage gives the parties the same benefits enjoyed by heterosexual couples. Companies are required to offer health insurance to your spouse or partner, you are able to file taxes as married, and your employer’s policy on leave must be the same for same sex unions as it is for others. With legal recognition of the union come the same issues that apply in divorce proceedings. This means issues of property division, child custody, and support must be sifted through if the parties dissolve their union. The cases pending across the county will no doubt shed light on proper resolution of these important issues, and will also likely spawn more litigation. The knowledgeable team of attorneys at the Ferraro Law Group will be watching these cases with interest and be able to apply new legal principles to fit your case.
For questions about same sex divorce, call an experienced family law attorney for help. We have the experience to help you with the unique facts of your case. Call today to schedule an appointment.