North Carolina Divorce Lawyers Blog

Articles Tagged with LGBTQ

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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 Joshua Scott Chilton, Legal Assistant, Woodruff Family Law Group
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On June 26, 2015, the Supreme Court of the United States of America made a ruling in a case known as Obergefell v. Hodges which changed the definition of what marriage was in our country. Despite the arguments against it, it was no longer defined simply as the union between man and woman; it was now a union between any two people who wished to come together and love one another. As a gay man, I was overcome with pride and joy that people like me could now marry those they loved and experience what marriage had to offer, from the joy of a wedding to the drudgery of joint taxes and to the sorrow of a hospital. 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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