North Carolina Divorce Lawyers Blog

Articles Tagged with same sex marriage

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Part 4: Palmore v. Sidoti (466 U.S. 429 (U.S. Apr. 25, 1984))

In custody battles between straight/LGBTQIA+ couples, one of the most common arguments that is brought up against the LGBTQIA+ parent is the concern that the child will face social stigma or bullying because the child resides with a gay parent. At first glance, this may seem like a legitimate fear, especially to parents or judges who themselves grew up in less tolerant areas or who were bullied as children. Fortunately for LGBTQIA+ families, social stigma is lessening every day, and studies have found that children with LGBTQIA+ parents don’t tend to get bullied any more than other children. Continue reading →

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Part 3: Family Law and Adoption

Many LGBTQIA+ couples and individuals choose to grow their families through adoption. LGBTQIA+ couples are more than six times more likely to adopt than straight couples and represent an important placement resource in the foster care and adoption communities. The biases and discrimination that permeate other areas of family law and of life in general can also impact fostering and adoption, but fortunately LGBTQIA+ adoption is legal in North Carolina, and an attorney experienced in family law can help you get past the hurdles and protect yourself from discrimination. Continue reading →

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Joseph Maldonado-Passage, aka Joe Exotic and the star of the Netflix hit Tiger King, is set to marry a former fellow inmate, John Graham, pending his divorce from current husband, Dillon Passage.  Joe was convicted of a failed murder-for-hire plot that targeted his archenemy, Carole Baskin.  Baskin was also featured in the Netflix hit Tiger King.  Joe was also convicted of violating wildlife laws in the operation of his zoo, the Greater Wynnewood Exotic Animal Park, located in Oklahoma.  Joe was originally sentenced to 22 years in prison.  In January 2022, a judge reduced his sentence by one year to 21 years.

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Samantha S. Erks, JD

Same-sex dating relationships are just like opposite-sex relationships in many respects: meeting, dating, and, hopefully, moving on to something deeper. Sometimes, however, just like in opposite sex relationships, same-sex relationships eventually do not work out. And sometimes, same-sex relationships REALLY do not work out and, just like in opposite sex relationships, things can get scary. When that happens, when someone is threatening or stalking their ex, one would hope that an LGBTQ victim would be able to rely on the courts to protect them through a domestic violence protective order in the same way that a straight victim could. Until this year, however, that was not the case. Continue reading →

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Alaska’s Supreme Court recently decided an issue revolving around custody of a minor child born through artificial insemination to a same-sex couple. As same-sex marriages and reproductive technologies continue to be more commonplace, we are seeing an increase in cases that involve such parties. The law, as always, lags behind the times a few years, but it is imperative that the courts begin setting a precedent to allow such parties to adequately address the family law issues that have been so familiar in opposite-sex couples. Continue reading →

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Joshua Chilton, Legal Assistant
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The United States, as a whole, has only allowed same-sex marriage for just over two and a half years. It is law that same-sex couples have the right to marry in the United States of America, but there are some who still struggle with the question of what exactly that entails. Certainly, same-sex couples can be married now, but are they afforded the same rights as heteronormative marriages? Continue reading →

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When a marriage breaks down, the question of child custody becomes inevitable. This can often be the most emotionally charged and even contentious part of a divorce. At the Woodruff Family Law Group, our compassionate and hard-working North Carolina child custody attorneys will let you know your rights as well as your options during this difficult time. Continue reading →

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By: Dana M. Horlick, Attorney, Woodruff Family Law Group
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Obergefell v. Hodges, 135 S. Ct. 2584 (2015)

(a) Two years ago, it appeared that the United States would be divided for some years between states that recognize same-sex marriage, and states that do not recognize same- sex marriage. Continue reading →

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1.  What is the date of marriage?  Prior to October 2014, same-sex couples could not marry in North Carolina. But what date of marriage will North Carolina recognize if the same-sex couple was earlier married or entered into a civil union in some other state before October 2014?   The date of marriage is obviously critical in equitable distribution as marital property is created from the date of marriage to the date of separation.  The North Carolina legislature has not dealt with this important date of marriage issue (civil union date) where the couple married (created a civil union) in another state prior to October 2014.

a. Arguably, the date of marriage is the date of the marriage license and ceremony in a state that recognized same-sex marriage on the actual date of the marriage.  North Carolina should recognize that original marriage date because the couple could return to the state of the marriage and get a divorce.

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By Carolyn J. Woodruff, JD, CPA, CVA
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In Greensboro, a same sex couple can go to the Register of Deeds in Guilford County and obtain a North Carolina Marriage License.  There are also Register of Deeds in the Piedmont Triad in Lexington, Asheboro, Graham, Wentworth, Roxboro, Yanceyville, and Winston Salem that provide the same product and service, a Marriage License.

Recently, and notably, Ireland has had a national referendum and said “yes” to same sex marriage.  Ireland has long been a stronghold and defender of the Catholic faith, which has been a citadel of opposition to gays, lesbians, and of course same sex marriage.

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