Married in Massachusetts, Divorced in Texas?
A Dallas couple who married in Massachusetts are currently attempting to persuade Texas courts to permit them to divorce. The couple may not request a divorce from Massachusetts as it has a requirement that they live for one year in the state before granting a divorce. Says the couple's attorney Peter Schulte: "It's about recognizing what other states have recognized and allowing those individuals who choose to live in the state of Texas to be able to dissolve their relationship without having to move back to the state where they were married."
Heterosexual couples are able to seek a divorce from their current state of residence without needing to return to the state that married them. This is because states have a reciprocity agreement to recognize each other's marriages and divorces. However, Texas Attorney General Greg Abbott intends to intervene in the case and use previous support for the anti-gay marriage amendment to suggest that Texas courts may also not handle same-sex divorces.
While of course most couples planning for marriage are reluctant to plan for the possibility of divorce, situations like this can create difficulties down the line. It is important to be familiar with the laws regarding marriage and divorce both in your own state, and the state (or country) you intend to marry in to avoid these potential problems.
Have a question, comment, or response? 1 person does.Tax Information for Married Same-Sex Couples
As tax season approaches, many same-sex couples who have married or entered into a domestic partnership face new challenges and headaches with their filings. This is because while some states permit these couples to file a joint state tax return, The Federal Defense of Marriage Act ("DOMA"), which defines marriage as between a man and a woman, prohibits the IRS from recognizing your union. As a result, couples find they often have to prepare two completely different filings -- one joint and one single -- to complete their taxes.
Further, many financial decisions married couples take for granted wind up creating tax consequences for same-sex couples. For instance, employee health insurance benefits extended to a domestic partner must be claimed by that partner as income even though heterosexual married couples have this income exempted. Keep in mind that many software packages and online tax preparers are not properly equipped to handle this unique problems. Partners in this situation and especially those with particularly complex filings should consult a tax professional with experience with same-sex clients.
Lambda Legal also recommends including a disclosure statement [pdf] in your federal returns to indicate your partnered status despite filing as a single individual. This is because your tax status as "single" may be used against you in the future, even in non-tax settings. A disclosure statement identifying that you are married or partnered and are filing "single" only because of DOMA can help to protect you.
Visit Lambda Legal for more tax considerations for same-sex couples. Remember, though, that generic advice is no substitute for the assistance of an experienced professional. Tax law is complex and changes from year to year, and every individual and couple is in a unique situation.
Have a question, comment, or response? Share your thoughts.Florida Senator Introduces Bills to Repeal Gay Adoption Ban
Florida State Senator Nan Rich has introduced two bills to the Florida Senate to repeal the 1977 law barring gays from adopting. Though the law was overturned last November when Florida circuit judge Cindy Lederman ruled it unconstitutional, it continues to exist on the books. Despite this ruling, Florida currently still bars same-sex couples from adoption though a "back door" method: by preventing unmarried couples from filing for joint adoption.
Sen. Rich's first bill simply repeals the 1977 provision. The second creates certain conditions -- including the death of a child's birth parents -- under which a judge may place a child with a same-sex couple. Neither Democrat nor Republican lawmakers in Florida expect either bill to pass.
Have a question, comment, or response? Share your thoughts.Talking to Children About Our Families: A Free Online Resource
Family Equality Council has put together a a wonderful, free guide to Talking to Children About Our Families. The guide uses age-appropriate language and example answers for some of the tougher questions children of same-sex families face.
According to FEC:
The presumption of a mother and father creating a child (which may be valid for some of our children) is one with which our children will be saturated through their daily interactions with children’s books, the media, school personnel, peer discussions and exposure to various family models. It is your job as a parent, whether you identify as part of the LGBTQ community or not, to teach your children about different family constellations.
Raising a child in a non-traditional family presents a number of unique challenges, but this guide helps prepare parents for those inevitable bumps. Click here to read: Talking to Children About Our Families (pdf)
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