Legal Protections for Same-Sex or Unmarried Couples in North Carolina

RALEIGH, NC, August 27, 2012

According to the Human Rights Campaign, there are over 1000 federal benefits that hinge on whether a couple is married in the eyes of the law. From Social Security to tax benefits, family medical leave to inheritance, rights automatically attach to spouses that are not automatic for unmarried couples.

While some couples choose not to get married, others are kept from doing so simply because of their gender. The fight for marriage equality is in full swing in the United States. President Obama has expressed his support for marriage rights for all, but until the federal Defense of Marriage Act is repealed or the Respect for Marriage Act passed, unmarried same-sex couples will have to take additional steps to protect themselves and their families.

The Path To Same-Sex Marriage In North Carolina

In May, North Carolina voters passed Amendment One, defining marriage in this state as only a union between one man and one woman, eliminating the possibility of marriage among same-sex couples. Same-sex marriage was already illegal in North Carolina; Amendment One changed the state's constitution to reflect the definition.

Does this mean that gay, lesbian or same-sex couples will never be able to marry in North Carolina? Not necessarily. Many groups have vowed to continue the fight for marriage equality in North Carolina and throughout the United States; it's certainly possible that at some point Amendment One will be repealed.

Protecting Same-Sex Couples Until There Is Marriage Equality

Amendment One eliminated civil unions in North Carolina. There is no legal registration procedure for same-sex couples to record a partnership or other union in this state. Whether Amendment One will affect existing domestic-partner benefits from an employer for same-sex couples remains to be seen.

Amendment One did not nullify valid North Carolina domestic partnerships for same sex couples. A domestic partnership is a contractual agreement between two partners that can establish and control each person's rights and responsibilities to the other. Same-sex partners can establish child custody and visitation arrangements, divide or designate ownership of property or a business and create the authority of one partner to act on the other's behalf in medical and financial matters through a properly executed domestic partnership agreement.

Same-sex partners should also consider, and speak with a family law attorney about, creating a:
- Health care power of attorney
- Durable power of attorney
- Last will & testament
- Hospital visitation form
- Child custody order

Meeting with an attorney to work through any questions about these legal documents, how they can protect same-sex families and what steps are needed to execute a full plan is an invaluable step toward ensuring that, should something happen to one partner, the rest of the family will:
- Be able to visit and stay in the hospital
- Be informed of medical conditions and make decisions regarding health care
- Have continued access to any accounts that are not held jointly
- Inherit property - including real estate, cash, investment accounts and personal property - upon the death of one partner

With the right plan and documents in place, same-sex partners can secure a majority of benefits currently made available to married couples.

Ending A Marriage To Begin A Same-Sex Relationship

Mixed-orientation marriages exist in North Carolina and throughout the United States, whether because a man and woman entered into a marriage knowing the other was gay, lesbian or homosexual, or whether the husband or wife later admitted to his or her sexual orientation. People get married and stay married for just as many reasons as people get divorced. There is no one right answer for every couple.

If you are in a mixed-orientation marriage that no longer meets your needs, divorcing your spouse may be the next step that you are looking to take in your marriage. A divorce attorney in your area can work with you through the process, the paperwork and any court hearings, allowing your divorce to proceed as smoothly as possible.

Attorney Ashley Oldham of Roberts Law Group, PLLC focuses her practice on the representation of individuals, same-sex couples and unmarried couples who are dealing with complex family law issues, including divorce, domestic partnerships, child custody, child support and equitable distribution. Visit our web site at www.robertsfamilylawteam.com to learn more.

Roberts Law Group, PLLC
203 W. Millbrook Road
Raleigh NC 27609