News & Analysis as of September 19, 2024

Same-Sex Marriage › Divorce

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Same-sex marriage refers to marriage between two individuals of the same sex. Historically, such marriages have not been legally recognized. However, there has been a growing trend to expand marriage rights to same-sex couples. The United States Supreme Court addressed aspects of this issue in Windsor v. United States and Hollingsworth v. Perry. less -

Alimony & the Cohabitation Dilemma

Fox Rothschild LLP on 5/24/2024

In 1980 Pennsylvania revised its 1929 Divorce Code and for the first time allowed post divorce alimony. It was a tough legislative battle with conservative forces professing concern that divorce would become ubiquitous. One...more

How to Change Your Name in NC After Marriage, Divorce & More

Smith Debnam Narron Drake Saintsing & Myers,... on 4/8/2024

This article reviews the process of changing your name after life events such as marriage and divorce and the process of changing your name for other reasons such as a person disliking their name, maybe for religious reasons,...more

NPR Provides an Update on the State(s) of Marriage

Fox Rothschild LLP on 1/18/2024

Today’s broadcast on National Public Radio’s program “1A” featured three scholars in an informal chat about how marriage has evolved in the past 40 years. 1A is a loosely formatted call-in show hosted by Jen White. So this is...more

Glover v. Junior and Parentage by Contract in Pennsylvania

Obermayer Rebmann Maxwell & Hippel LLP on 1/2/2024

On December 11, 2023, the Pennsylvania Superior Court after hearing the matter en banc issued an opinion expanding the definition of “parent” under Pennsylvania law. Prior to this ruling, typically the term “parent” was...more

The Wall Street Journal Takes on Post Partum Depression.

Fox Rothschild LLP on 8/7/2023

For a large part of this writer’s lifetime, the Wall Street Journal confined itself to business and business only. American political affairs were reported only to the extent that those matters affected business. Social...more

A Family Lawyer’s Tips for LGBTQ+ Couples Considering Divorce with Kids

Blank Rome LLP on 7/24/2023

Divorce is difficult and complex for any family, but for LGBTQ+ couples, there can be additional legal challenges to navigate. Federal law currently recognizes and protects same-sex marriage, and, with it, the right to...more

Parentage by Contract Goes to the Superior Court

Fox Rothschild LLP on 4/27/2023

In my role as the host of PBA Family Law Section’s podcast “Law in the Family,” I spoke with Helen Casale about the recent Superior Court case, Glover v. Junior which was decided as a non-precedential decision in February....more

Common Law Marriage: A Postscript for the LGBTQ+ Community

Weber Gallagher Simpson Stapleton Fires &... on 10/3/2022

Not long ago I wrote a blog and recorded a podcast on common law marriage. I recently came across a decision of Pennsylvania’s Superior Court that has significance for the LGBTQIA+ community....more

Same-Sex Partners – Child Custody Land Mines

Dickinson Wright on 7/8/2022

The recent decision of Compher v. Whitfield from the Tennessee Court of Appeals is a prime example of how far child custody law in Tennessee has to go to catch up with today’s same-sex partner realities. In Compher, two women...more

Planning Considerations for Same-Sex Spouses in the Event of Divorce or Death

Burns & Levinson LLP on 6/25/2021

Marriage has always been governed by state law, and it is only in very recent history that select states began revising their definitions of marriage to acknowledge the rights of all couples to be married. While Massachusetts...more

“Wedlocked”: Using Mediation for Same-Sex Divorce

JAMS on 10/15/2019

In November 2003, Massachusetts became the first U.S. state to legalize same-sex marriage. Over the next decade, more states followed suit. By 2013, same-sex marriage was legal in a dozen U.S. states and in the District of...more

Family Asset Protection – LGBT* clients and alternative families

BCLP on 8/30/2019

In the summer of the fiftieth anniversary of the Stonewall riots, the LGBT* community have a lot to celebrate. In the last 15 years, there have been significant changes for same-sex couples in England and Wales. In 2004 the...more

Arizona Supreme Court Decides Parentage of Children born in Same Sex Marriages

Jaburg Wilk on 10/11/2017

On September 19, 2017, the Arizona Supreme Court delivered its decision in McLaughlin vs. Jones, (CV-16-0266-PR) answering the question of whether the statutory presumption of parenthood arising from a marriage applies...more

Courts Have Authority To Dissolve Civil Unions Under Pennsylvania Divorce Code

McNees Wallace & Nurick LLC on 1/11/2017

Prior to the December, 2016 Neyman vs. Buckley decision, couples who were joined in civil unions had difficulty dissolving their union in Pennsylvania. When Neyman filed a divorce complaint to dissolve her civil union in...more

Domestic Partnership Agreements: Overview

Carlton Fields on 7/20/2015

Many couples who could not marry now can. The United States Supreme Court decision in Obergefell v. Hodges framed the issue of the fundamental right to marry and the choice to commit to and intimately associate with the...more

U.S. Supreme Court Holds Same-Sex Marriage To Be a Fundamental Right

McGuireWoods LLP on 7/9/2015

The United States Supreme Court issued its opinion in Obergefell v. Hodges, 576 U.S. ___ (2015) on June 26, 2015. In a 5-4 decision, the Supreme Court held that the Fourteenth Amendment requires a State to license a marriage...more

Same-sex Divorce in Florida

Lowndes on 6/5/2015

As the Nation awaits the U.S. Supreme Court’s ruling on same-sex couples’ constitutional right to marry, couples continue fighting for their individual rights to marry and also, to divorce. In January of this year, the...more

Tax-Qualified Retirement Plans: Amendments and Other Year-End Action Items - 11/21/2013

Morgan Lewis on 11/22/2013

Plan sponsors should consider whether they need to make certain plan amendments or provide certain plan notices prior to the end of the year. The end of the year marks the deadline by which sponsors of qualified...more

2013 Employer Checklist for Benefits Planning: Post Windsor and Latest Health Reforms

Burns & Levinson LLP on 7/11/2013

The following is a short checklist of issues that Massachusetts and other employers need to address as the laws relating to retirement, medical and other employee benefits have changed. The details regarding the application...more

Same-Sex Marriages and Benefit Plans After Windsor

Littler on 7/10/2013

On June 26, 2013, the Supreme Court issued its long-awaited decision in Windsor v. United States, No. 12-307. The Court ruled (in a 5-4 decision) that the section of the Defense of Marriage Act (DOMA) that required federal...more

United States v. Windsor: A New Direction in Planning for Same-Sex Couples

Holland & Knight LLP on 7/10/2013

On June 26, 2013, the U.S. Supreme Court in United States v. Windsor1 overturned Section 3 of the Defense of Marriage Act ("DOMA"), which had defined marriage as a union between a man and a woman.2 As a result, married...more

Was this week the beginning of the end for DOMA?

Burns & Levinson LLP on 4/1/2013

Hi there, This week had two days of arguments on gay marriage at the Supreme Court. The first case dealt with a challenge to the California law known as Prop. 8, which overturned the California Supreme Court’s...more

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Same-Sex Marriage › Divorce

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