North carolina and gay marriage
News
At a time when the federal government is moving in a direction toward the acceptance and legal recognition of lesbian and gay couples, specifically notable in the current administration’s refusal to defend the Federal Defense of Marriage Act in pending lawsuits, North Carolina may be taking a step in the contrary direction.
On Tuesday, September 13, , the North Carolina Senate voted to put a constitutional amendment on the ballot in May seeking to further ban lgbtq+ marriage in North Carolina. The House approved the initiative the day before, by a vote of If approved by voters, the amendment would become powerful January 1,
At the outset of this discussion, it is worth noting that North Carolina law does not presently allow or recognize gay marriage. General Statute § specifically provides: “Marriages, whether created by common regulation, contracted, or performed outside of North Carolina, between individuals of the same gender are not valid in North Carolina.” Since that law went into impact on June 1, , it has not been challenged in any North Carolina appellate court.
Previou
NC Same-Sex Marriage Legal FAQs
Now that queer couples have the autonomy to marry in North Carolina and their marriages (no matter where performed) will be recognized by North Carolina and the federal government, Haas & Associates, P.A. has compiled a guide to acknowledge some frequently asked questions about Marriage, Divorce and Parentage for same-sex spouses in North Carolina. Please note: This brief overview is not intended to provide individualized legal directions. For further information, contact Haas & Associates, P.A. by phone at or contact us.
Marriage
Q: If I am already married in another state, what do I have to do to be married in North Carolina?
Answer: Nothing. North Carolina now recognizes valid gay marriages from all other states. You do not need to remarry your spouse in North Carolina.
If I marry my spouse, will he/she then be entitled to half my retirement if we obtain divorced?
Answer: All income earned during a marriage in NC is marital, and there is a presumption that all marital assets will be divided equally. This means that all funds that y
Marriage Equality Arrives in North Carolina
by Ianthe Metzger •
WASHINGTON – Today Federal Determine Max O. Cogburn Jr. ruled against North Carolina’s constitutional amendment banning marriage equality, making North Carolina the latest state to notice such a exclude struck down since the U.S. Supreme Court handed down its historic marriage rulings last June. In General Synod of the Joined Church of Christ v. Cooper, the United Church of Christ, who sued the state on behalf of gay couples, argued that North Carolina’s exclude on marriage equality violates the U.S. Constitution. In his injunction, Judge Max O. Cogburn Jr. wrote, “The issue before this court is neither a political issue nor a moral issue. It is a legal issue and it is explain as a matter of what is now settled statute in the Fourth Circuit that North Carolina laws prohibiting same sex marriage, refusing to realize same sex marriages originating elsewhere, and/or threatening to penalize those who would solemnize such marriages, are unconstitutional.”
“According to today’s District Court ruling and two
Marriage in North Carolina
Marriage is a serious commitment. Marriage is also a legal contract.
Marriage results in many legal consequences that people contemplating marriage should address before getting married. The best way to be assured that you have addressed these relevant issues is to consult with an attorney who has expertise in family law. You should act this well in advance of marrying as it could take several weeks, or even months, to draft and finalize necessary documents to address your relevant legal needs.
Prior to contemplating marriage, you may not have previously had any reason to consult with an attorney; however, your marriage changes your legal status in many ways. When either spouse has children, or a dependent spouse from a prior marriage, obligations for past and future family support can be complex. When one party has significantly more assets than the other prior to marrying, a premarital deal should be considered.
Before you get married, you should decide how to leading handle your separate property so that you undertake not unintentionally co