Charlotte Divorce Lawyer Blog

As reported by the Charlotte Observer (Poll: Most oppose same-sex marriage ban), according to a recent poll conducted by Elon University, fifty-six percent of North Carolina residents oppose a North Carolina state constitutional ban on same-sex marriage. Also, the number of individuals who would prefer to see no legal recognition for same-sex couples has dropped over the last two years.

Only thirty four percent of those polled oppose any legal recognition for same-sex couples. This figure is down significantly, from forty four percent, from the March 2009. Following a similar trend, thirty three percent of those polled support full marriage rights for same-sex couples, which is up from only twenty one percent in 2009. Roughly the same percentage of those polled support civil unions or partnerships, but not full marriage rights.

The study surveyed 594 North Carolina residents with a plus or minus 4 percentage point margin of error. The poll did not restrict respondents based on voter eligibility or likelihood of voting.

Continue reading "Same-Sex Marriage Okay with Most in North Carolina?" »

According to the most recent Census data, North Carolina has more and more same-sex domestic partners. In fact, according to the data, the number of same-sex domestic partners in North Carolina has increased 68% in the last decade. Much of the growth has been in the western part of the State and along the coast.

It is difficult to tell whether the numbers have actually increased. According to the article, it is possible that the increased census figures are the result of more and more people being comfortable disclosing their status accurately on government forms.

Continue reading "Same-Sex Domestic Partners Fastest Growing in North Carolina" »

To follow up on a previous article on the Charlotte Divorce Lawyer Blog, in December, the North Carolina Supreme Court voided the adoption of a child by a lesbian mother who was raising the child with her former partner. This case, discussed in a previous post, involved two women who were litigating custody issues after a so-called "second parent adoption" in 2005. Melissa Jarrell, the ex-partner of former North Carolina Senator Julia Boseman, is the biological mother of the child. The women planned for a child together, and Jarrell consented to Boseman adopting the child in 2005, as a 3-year-old. The couple broke up in 2006, and Jarrell petitioned for sole custody, claiming that the adoption should never have been granted because North Carolina law does not permit second parent adoptions. The trial court and the Court of Appeals upheld the adoption. The Supreme Court overturned the ruling with regard to the adoption, but upheld the ruling granting Boseman joint custody.

Continue reading "Same Sex Adoption without Same Sex Marriage?" »

The definition of a family in America is critical, especially in Charlotte, North Carolina - it can affect tax filings, adoption proceedings, employment benefits, inheritance rights, and many other legal matters. A majority of Americans now say that their definition of a "family" includes same-sex couples with children, as well as gay and lesbian couples. However, most Americans also report that they do not consider unmarried cohabitating couples, either heterosexual or homosexual, to be a family - unless they have children. These findings emerged from a study based upon telephone interviews conducted in 2003, 2006, and 2010 by author and Indiana University professor Brian Powell. Powell concludes that the framing of the issue of equality of same-sex couples in terms of "the best interests of the child" might prove to be the most successful political argument.

The survey also indicates that since 2003, the proportion of people who reported having a gay friend or relative rose 10 percent, which Powell attributes to "a more open social environment in which individuals now feel more comfortable discussing and acknowledging sexuality." Furthermore, Americans appear to be almost equally divided on same-sex marriage and more open to seeing same-sex couples with children as families, even when they hesitate to recognize the parents' union as marriage. The survey also demonstrated a growing belief that genetics, rather than parenting, peers, or religion, is responsible for sexual orientation. Those who remain opposed to same-sex marriage indicated to the surveyors that they were more willing to include pets over same-sex partners in their definition of family.

Although five states and the District of Columbia now allow same-sex marriages, these marriages are not recognized by the federal government. The Census Bureau defines family as "a group of two people or more (one of whom is the householder) related by birth, marriage, or adoption and residing together."

This Charlotte child custody lawyer observes that a current custody case being heard by the North Carolina Supreme Court could decide whether North Carolina state law allows a certain kind of adoption by same-sex couples in North Carolina. Senator Julia Boseman and her ex-partner, Melissa Jarrell, are litigating custody issues after Boseman's so-called "second parent adoption" of Jarrell's son in 2005. Second parent adoptions, which are being granted in only a few North Carolina counties, are permitted in 27 other states.

Jarrell and Boseman were living together when the child was born in 2002, after Jarrell's successful artificial insemination. Boseman has been actively involved in the child's life since his birth. After the couple broke up in 2003, they received joint child custody. However, Jarrell's lawyer argued that the adoption should be voided because second parent adoptions technically do not exist under North Carolina law. The trial court and the Court of Appeals upheld the adoption, but Jarrell's attorney argues that the adoption court created its own adoption procedure by weaving together various statutes to make a new kind of adoption that is not provided for by statute. Boseman's lawyer calls the adoption a "direct placement adoption", which is provided for by law in North Carolina.

A ruling in the case is likely to be months away.

As we have discussed here (The Legal Hurdles of Obtaining a Same-Sex Divorce) legal issues related to same sex divorce are, naturally, becoming more important as same sex marriage increases. According to a new research team from Stockholm University's Department of Sociology and Demography, who studied legal partnerships in Norway and Sweden, same-sex marriages are much more likely to end in divorce than opposite-sex marriages. This study found that male same-sex marriages are 50 percent more likely to end in divorce than heterosexual marriages, while female same-sex marriages are 167 percent more likely.

Five states and the District of Columbia now allow same-sex marriage and, consequently, same-sex divorce, but same-sex couples who wish to divorce in states that do not recognize their marriages are now facing significant legal hurdles. Many same-sex couples remain in marital limbo while states across the country are struggling to decide their stance on same-sex divorce.

Under the Full Faith and Credit Clause of the United States Constitution, states must generally recognize the laws of other states. For example, opposite-sex marriages and divorces are recognized when a heterosexual couple moves across states lines. However, most states that do not allow same-sex marriage will similarly not recognize a same-sex marriage performed in another state. Some states, like North Carolina, do not allow same-sex marriage and will not legally recognize a same-sex marriage performed in another state. Thus, opponents of same-sex divorce say that allowing these couples to divorce means acknowledging that the marriage was legal initially.

Today, the lesson to be gained from the current debate over gay divorce is that these couples who are legally wed in one state should be careful regarding the state to which they choose to relocate. Under the laws of many states, it takes at least a year to establish residency before filing for divorce. A couple that is refused a same-sex divorce in a state that does not recognize same-sex marriage would have to relocate to reestablish residency in the state that granted their marriage license, which would only further complicate and significantly delay the process.