Same Sex Marriage Lawyers in Sacramento
With the power to marry comes the power to earn federal benefits and the right to divorce. Same sex marriage is still in its infancy, and many couples are familiar with the complexity of legal battles affecting these agreements. The LGBTQ community still faces battles when securing federal benefits, establishing parentage, and obtaining support orders during divorce. At Boyd Law our Sacramento, CA same sex marriage attorneys have the legal expertise and experience needed to facilitate these complex legal matters.
Rights and Benefits for Same Sex Marriage
As of June 26, 2015, all same sex couples can legally marry in the US. In California, same sex couples can choose between marrying and entering into a domestic partnership, although a domestic partnership differs slightly in rights and benefits. Specifically, a married same sex couple has the right to:
- Social security benefits
- Tax benefits
- Immigration benefits (the US recognizes all same sex marriages that took place where same sex marriage is legal)
- Employee benefits, including health insurance and death benefits
Although same sex married couples are eligible for the same federal benefits as heterosexual married couples, nuances in the laws can still cause difficulties. As new cases arise and courts must create precedents for same sex couples, an experienced Sacramento, CA same sex marriage attorney at the Boyd Law office in Sacramento who understands the latest decisions can help you develop a strong case to protect your rights and benefits.
Divorce in Same Sex Marriage
Some same sex couples will divorce. This process is the same for same sex couples as it is for heterosexual couples, but hostility in the system can affect court decisions. In addition to divorce, same sex couples also have the right to legal separation and annulments. Determining parentage and child custody, awarding child support and spousal support can leave two individuals facing an ongoing divorce battle and discrimination in the justice system. California is more progressive than most states in this regard, but your same sex marriage lawyer in Sacramento, CA may play an instrumental role in preventing biases from affecting the outcome.
Determining Parentage as a Non-Biological Parent
Parentage and paternity issues are commonly some of the most pressing subjects same sex couples encounter during divorce proceedings. If you are married or in a domestic partnership at the time of your child’s birth, you will be recognized as a parent regardless of biological relation. However, not all states identify same sex parents in the same way. You can protect your rights as a parent in other states with a court order or through adoption proceedings. If your child was born before you married your spouse, take steps to protect your parental rights.
If you divorce as a non-biological parent without the necessary protections, you may have difficulty securing your maternal or paternal rights. California will also recognize more than two parents. If the biological father or mother is still part of the picture and you have protected your rights as a non-biological parent, the three of you will have parental rights after a divorce.
Talking to a Same Sex Marriage Attorney in Sacramento
For any legal questions surrounding same sex marriage, the team of Sacramento family attorneys at Boyd Law have extensive combined successful experience handling same sex marriage cases and can use this experience to help you. Our same sex marriage attorneys in Sacramento, CA understand that the newness of these laws can affect how the court views your case, and we know how to protect same sex spouses from unfair discrimination or legal inaccuracies.
When you need legal advice about your rights and responsibilities under California law, let our legal team at the Boyd Law office in Sacramento, CA know so they can immediately unburden you by taking over handling all legal responsibilities. We will put you in touch with a qualified Sacramento same sex marriage lawyer and our initial consultations are always free. Contact us today to schedule a free consultation. We can walk you through the laws affecting your case and the many legal options available regarding your divorce or separation.