Same-sex marriage has been a significant legal and social issue, evolving over the past few decades. The fight for marriage equality culminated in the U.S. Supreme Court’s landmark decision in Obergefell v. Hodges (2015), which legalized same-sex marriage across the United States. However, even with this victory, many couples face legal challenges that require the assistance of our Palos Verdes same-sex marriage attorney.
Legal Rights in Same-Sex Marriages
Same-sex couples who marry enjoy the same legal rights and responsibilities as opposite-sex couples, including property rights, inheritance, spousal support, and child custody rights. Yet, navigating these legal areas can sometimes be complicated, particularly in situations involving states or employers that may still resist fully implementing these protections.
Why You May Need a Same-Sex Marriage Attorney
Our same-sex marriage attorney in Palos Verdes at Baghdaserians Law Group, Inc can help protect your rights in a variety of situations, including:
Estate Planning: Even though same-sex marriages are now legally recognized, estate planning remains a crucial step to ensure that your partner receives their entitled inheritance. An attorney can help draft wills, trusts, and other legal documents to protect your family’s financial future.
Divorce and Separation: If a same-sex couple decides to end their marriage, the legal proceedings can be complex, especially if the couple lived in a state where same-sex marriage wasn’t recognized before the 2015 ruling. A same-sex marriage attorney can guide you through dividing assets, spousal support, and child custody.
Adoption and Child Custody: For many same-sex couples, adopting children or determining parental rights can pose legal obstacles. A same-sex marriage attorney can assist in navigating the complex laws surrounding adoption and custody rights.
Employment Benefits and Discrimination: Although marriage equality is now the law, some employers may still attempt to deny benefits to same-sex spouses or discriminate based on sexual orientation. An attorney can help ensure that your employment benefits, including health insurance and retirement plans, are fully protected under the law.
International Marriage Recognition: Not all countries recognize same-sex marriages. Couples who travel or relocate internationally may need legal assistance to ensure their marriage is recognized, especially when dealing with issues such as immigration or property ownership abroad.
The Evolution of Same-Sex Marriage in California
Same-sex marriage was first legalized in California in 2008, following the California Supreme Court’s decision in In re Marriage Cases. However, this right was short-lived, as Proposition 8—a statewide ballot initiative—passed later that year, banning same-sex marriages once again. This led to a contentious legal battle that culminated in the U.S. Supreme Court’s 2013 decision in Hollingsworth v. Perry, which ultimately invalidated Proposition 8 and reinstated same-sex marriage rights in the state.
With the Obergefell v. Hodges decision 2015, same-sex marriage became legal nationwide, further solidifying marriage equality in California.
Marriage Rights for Same-Sex Couples in California
Today, same-sex couples in California enjoy the same legal rights and responsibilities as opposite-sex couples. These include:
Property Rights: Under California’s community property laws, assets acquired during the marriage are considered jointly owned by both spouses. In the event of a divorce, these assets are divided equally unless otherwise agreed upon.
Inheritance Rights: Same-sex spouses are entitled to inherit from their partner, with or without a will, through California’s intestacy laws. An attorney can help ensure that your estate planning documents, such as wills and trusts, reflect your wishes.
Spousal Benefits: Same-sex spouses are eligible for various benefits, including health insurance, pension plans, and Social Security spousal benefits. Employers are legally required to extend these benefits to same-sex spouses.
Parental Rights: California provides strong protections for same-sex parents, whether through adoption or assisted reproductive technology (ART). Legal parentage is generally recognized for both parents, but an attorney can help ensure all necessary legal steps, such as second-parent adoption, are properly executed.
How a Same-Sex Marriage Attorney Can Help
Hiring our Palos Verdes same-sex marriage attorneys ensures your legal rights are upheld. Whether navigating the complexities of marriage law, dealing with discrimination, or ensuring your estate planning is thorough, an attorney offers the expertise and guidance necessary to protect your relationship and family.
An attorney can also represent you in legal disputes related to your marriage, ensuring that you and your spouse are treated fairly under the law. They can help you address issues related to property division, spousal support, and even complex situations involving child custody and parental rights.
In conclusion, despite the progress made with the legalization of same-sex marriage, challenges remain. Our same-sex marriage attorney in Palos Verdes at Baghdaserians Law Group, Inc can be a valuable advocate in ensuring your rights as a couple are respected and protected. Whether you need assistance with estate planning, family law matters, or workplace discrimination, having the right legal support can make a significant difference.