The marital relationship has wide-ranging impact throughout the legal world. Inheritance, creditor liability, personal liability, tax liability, employment benefits, Medicaid benefits, social security benefits—to name but a few—are all impacted by one’s marital status. Providing appropriate legal advice can depend on knowing the marital status of a client and the beginning date of marriage. The …
Texas is one of a relatively few states that continues to recognize common law marriage. Because marital status determines division of property upon death, whether you and your partner are in a common law marriage will impact your estate plan and the division of assets upon death. What is Common Law Marriage? There is a …
A number of people have expressed concern about the future of marriage equality following Trump’s election. According to the civil rights group, NCLR, “there is no realistic possibility that anyone’s marriage will be invalidated.” The organization further explained: “For individuals who are not currently married but who may wish to marry in the future, it is …
Marriage Equality in the Aftermath of the Trump Election Read More »
The United States Supreme Court resolved the question of whether same-sex couples can marry. But the question of whether a couple is married and, if so, the beginning date of the marriage is more complicated. For example, in February 2004, San Francisco began issuing marriage licenses to same sex couples in spite of the state’s …
Are you Married? Are You Sure? Post Marriage Equality Caveats Read More »
Since the Supreme Court ruling on marriage in June, I have been working with several other attorneys on getting the Department of State Health Services (DSHS) to update their policies to make them consistent with those of opposite-sex couples with regard to vital records, including birth certificates and death certificates. In August, DSHS released new regulations allowing …
DSHS Announces Equal Policies for Vital Records, Birth Certificates Read More »
While the recent Supreme Court decision extending marriage equality nationwide marks a monumental step forward for equality, it by no means resolves all legal issues related to same-sex families. In fact, because same-sex marriage is relatively new to the country and brand new to Texas, there are still many legal issues that remain to be resolved.
On Friday June 26, the United States Supreme Court ruled that a state’s prohibition of marriage among same-sex couples violates the United States Constitution. The ruling found prohibitions on same-sex marriage to violate principles of equal protection and the fundamental right to marriage. While the decision marks a monumental step forward for equality, it by …
Frequently Asked Questions about Marriage Equality in Texas Read More »
Since the United States Supreme Court decision in June, the dominoes of marriage inequality have been tumbling so fast it is difficult to keep track of all the courts overturning bans on same-sex marriage. Federal challenges to these bans have been almost all successful. The sole exception came from a Louisiana federal court in early September 2014. …
Marrying Out of State: What Texas Same-Sex Couples Should Know Read More »
On November 5, 2013, the Texas Supreme Court heard oral arguments over whether same sex couples who marry out of state may obtain a divorce in Texas. The ruling will have numerous implications for same sex families. You can find more details on the case in an article I wrote for the Texas Observer. The …
The Texas Supreme Court Addresses Same Sex Divorce Read More »
Following on the heels of the June U.S. Supreme Court decision striking down the Defense of Marriage Act (DOMA), the IRS and Department of Treasury has extended equal treatment with respect to federal taxes to legally married same-sex couples, regardless of place of residence. Thus, couples who legally married out of state and live in Texas …
IRS Extends Equal Tax Treatment to Same Sex Couples Read More »
