North carolina gay marriage

North Carolina now recognizes valid gay marriages from all other states. Divorce laws applying to gay marriages means there is a presumption that marital assets and debts should be divided equally, but this presumption can be overcome. But you should speak with an attorney about your specific situation before retitling any of your assets.

BUT, if anyone were to ever challenge the validity of your adoption, the court would have to find that it is invalid. However, by virtue of your marriage, you now qualify to petition for a stepparent adoption. Answer: This is a very complex question and the answer depends on many factors.

Wake County will permit couples who are married, but separated, to still petition for a stepparent adoption. This creates a permanent parent-child relationship and vest numerous legal rights in both the parent and the child. In general, however, custody of children is determined according to the standard of what is in the best interests of the child, and non-biological parents have been successful in North Carolina in obtaining custody rights to their children.

You do not need to remarry your spouse in North Carolina. Please note: This brief overview is not intended to provide individualized legal advice. Once your stepparent adoption has been completed, only then will you become a legal parent. If you are not married, you may still be able to do a second-parent adoption in another state.

Answer: Yes, after the adoption is entered, you will receive an amended birth certificate that has the names of both parents. The Supreme Court ruling required North Carolina to recognize out-of-state same-sex marriages, granting couples the same legal status and benefits as those married within the state.

Cooper that the state's denial of marriage rights to same-sex couples was unconstitutional. Answer: All income earned during a marriage in NC is marital, and there is a presumption that all marital assets will be divided equally. Answer: No. Married people may file as married filing jointly or married filing separately, but NOT single.

Answer: Nothing. Gay marriages are now legal in North Carolina. DOMA is the legal term for the legislation that bans gay marriage in the state of North Carolina. It is important that you establish legal parentage, if possible, utilizing a stepparent adoption. Gay marriage does not automatically make you a parent.

Haas & Associates, PA has compiled a guide to answer some frequently asked questions. Consult with one of our attorneys, to learn more. Consult an accountant or tax advisor to determine the best options for you. You should see a qualified attorney about your particular situation.

There are certain jurisdictions in North Carolina that allow for domestic partnerships such as Chapel Hill and Carrboro. Usually a marriage is a qualifying life event to allow for a new enrollment, HOWEVER, often you only have 30 days after your marriage to enroll your spouse in your plan without having to wait for open enrollment.

Answer: For most couples, it is best to own real estate at tenants by the entireties. So start the process as soon after your marriage as possible. Same-sex marriage has been legally recognized in North Carolina since October 10, , when a U.S. District Court judge ruled in General Synod of the United Church of Christ v.

Answer: An adoption makes a person a legal parent of a child. Answer: Yes. You can now divorce in North Carolina so long as you meet the other requirements for divorce, which are:. Answer: Technically, the Court that invalidated second parent adoptions in only ruled on that one adoption that was before it at that time.

Answer: It is possible, yes. Answer: North Carolina marital dissolution laws will allow the courts to divide your property, or you can come to a settlement between yourselves. You should contact an attorney in the state where you have your domestic partnership to find out how to dissolve that relationship prior to entering into a marriage in this or any other state.