Nc laws on gay marriage

Is this possible?

Answer: Yes. You and your spouse can jointly petition to adopt a child that is not biologically related to either of you. We have wanted to get a divorce, but we couldn’t get one in the state where we married because someone had to live there. In 2012, the state passed Amendment One, a constitutional amendment defining marriage exclusively as a union between one man and one woman, effectively banning same-sex marriage.

The fee for a marriage license is typically around $60, though it can vary by county. Can I marry my current partner in North Carolina?

Answer: No. You should contact an attorney in the state where you have your domestic partnership to find out how to dissolve that relationship prior to entering into a marriage in this or any other state.

Contact us at 919-783-9669 today to discover how we can help with your gay marriage requirements.

If you and your partner don’t believe that either of you should ever have to pay alimony to the other, and you are not yet married, you should execute a prenuptial agreement which waives each of your respective rights to seek alimony in the event of a split.

Parentage

Q: My spouse and I have a child who is the biological child of my spouse and an anonymous donor.

Divorce

Q: I got married to my spouse in another state 5 years ago. Hodges ruling, same-sex marriage is completely permitted in North Carolina. For many years, people and the state government maintained a traditional definition of marriage. Even with court rulings, there are still obstacles in the way of guaranteeing LGBTQ+ people equal rights and protections.

Wake County will permit couples who are married, but separated, to still petition for a stepparent adoption. Following similar decisions in other states, a federal judge said in 2014 that North Carolina’s prohibition on same-sex marriage was unconstitutional.

NC Same-Sex Marriage Legal FAQs

Now that same-sex couples have the freedom 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 answer some frequently asked questions about Marriage, Divorce and Parentage for same-sex spouses in North Carolina. Can we get divorced in North Carolina?

Answer: Yes. You can now divorce in North Carolina so long as you meet the other requirements for divorce, which are:

• At least one of you has resided in NC for at least 6 months
• You have been separated (living at different addresses) for at least one year and one day
• At the time that you separated, at least one of you intended for the separation to be permanent, and
• You have not resumed your marital relations while separated.

NOTE – GETTING A DIVORCE WILL HAVE A SIGNIFICANT IMPACT ON YOUR PROPERTY AND ALIMONY RIGHTS.

How do I become a parent?

Answer: You should pursue a stepparent adoption.

Q: Will doing a stepparent adoption get my name on my child’s birth certificate?

Answer: Yes, after the adoption is entered, you will receive an amended birth certificate that has the names of both parents.

Q: I got a second parent adoption for my child in North Carolina in 2009.

Hodges legalized same-sex marriage nationwide, nullifying Amendment One and requiring all states, including North Carolina, to recognize and permit such unions.

Since then, North Carolina has issued marriage licenses to same-sex couples, granting them the same legal rights and responsibilities as heterosexual couples. Is that still valid?

Answer: Technically, the Court that invalidated second parent adoptions in 2010 only ruled on that one adoption that was before it at that time.

Hodges. So start the process as soon after your marriage as possible.

Q: Does being married make me a parent of my spouse’s biological child?

Answer: No. Gay marriage does not automatically make you a parent. It will be unlikely that the child will qualify for certain government, legal, or military benefits or inheritance rights from you just because you have custodial rights.

There have been discussions in North Carolina about religious exemptions, specifically on whether government officials or private companies should be permitted to turn away same-sex couples.

Obstacles and Continual Discussions

Even though same-sex marriage is permitted by law, issues with adoption rights, discrimination safeguards, and regulations pertaining to religious freedom still exist.

Freedom of Religion and Refusal to Serve

Due to their religious convictions, some people and companies have tried to deny service to same-sex couples.

SEE AN ATTORNEY BEFORE YOU GET A DIVORCE TO ENSURE YOU ARE NOT FORFEITING ANYTHING YOU MAY BE ENTITLED TO RECEIVE.

Q: What happens to our property if we get divorced?

Answer: North Carolina marital dissolution laws will allow the courts to divide your property, or you can come to a settlement between yourselves.

Consult with one of our attorneys, to learn more.