It has been three years since the U.S. Supreme Court issued the Obergefell decision. While the institution of marriage is now available to many more people, the decision did not remove every legal obstacle for same-sex couples. In particular, lawyers are encountering clients needing assistance with dividing assets in a divorce and parental rights.
- Determine whether assets acquired by the parties prior to their legal marriage date are included in the martial estate
- Present evidence of the parties' intentions to live as a married couple prior to legalization of same-sex marriage
- Avoid potential legal disputes involving surrogacy and genetic donation