Nc gay marriage law
Marriage in North Carolina
Marriage is a serious commitment. Marriage is also a legal contract.
Marriage results in many legal consequences that people contemplating marriage should address before getting married. The best way to be assured that you have addressed these relevant issues is to consult with an attorney who has expertise in family law. You should perform this well in advance of marrying as it could take several weeks, or even months, to draft and finalize necessary documents to address your relevant legal needs.
Prior to contemplating marriage, you may not have previously had any reason to consult with an attorney; however, your marriage changes your legal status in many ways. When either spouse has children, or a dependent spouse from a prior marriage, obligations for past and future family support can be complex. When one party has significantly more assets than the other prior to marrying, a premarital contract should be considered.
Before you get married, you should decide how to finest handle your separate property so that you perform not unintentionally convert it to marital property. Separate property is defined as property that one spouse owned before
News
At a time when the federal government is moving in a direction toward the acceptance and legal recognition of lesbian and same-sex attracted couples, specifically notable in the current administration’s refusal to defend the Federal Defense of Marriage Act in pending lawsuits, North Carolina may be taking a step in the opposite direction.
On Tuesday, September 13, 2011, the North Carolina Senate voted 30-16 to lay a constitutional amendment on the ballot in May 2012 seeking to further ban gay marriage in North Carolina. The House approved the initiative the day before, by a vote of 75-42. If approved by voters, the amendment would grow effective January 1, 2013.
At the outset of this discussion, it is worth noting that North Carolina law does not presently approve or recognize same-sex attracted marriage. General Statute § 51-1.2 specifically provides: “Marriages, whether created by ordinary law, contracted, or performed outside of North Carolina, between individuals of the same gender are not valid in North Carolina.” Since that law went into effect on June 1, 2006, it has not been challenged in any North Carolina appellate court.
Previously, the legislature has voted down attempts to write a exclude on
NC Same-Sex Marriage Legal FAQs
Now that same-sex couples have the liberty to marry in North Carolina and their marriages (no matter where performed) will be established by North Carolina and the federal government, Haas & Associates, P.A. has compiled a mentor to answer some frequently asked questions about Marriage, Divorce and Parentage for same-sex spouses in North Carolina. Please note: This little overview is not intended to provide individualized legal consultation. For further communication, contact Haas & Associates, P.A. by phone at 919-783-9669 or contact us.
Marriage
Q: If I am already married in another mention, what do I have to undertake to be married in North Carolina?
Answer: Nothing. North Carolina now recognizes valid gay marriages from all other states. You do not need to remarry your spouse in North Carolina.
If I marry my spouse, will he/she then be entitled to half my retirement if we earn divorced?
Answer: All income earned during a marriage in NC is marital, and there is a presumption that all marital assets will be divided equally. This means that all funds that you deposit into your retirement account that are a result of your income from the date o
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