Making It Legal: A Guide to Same-Sex Marriage, Domestic Partnerships & Civil Unions

by Frederick Hertz, Emily Doskow

Overview

Although same-sex marriage is legal nationwide, there is no federal recognition for domestic partners or civil union registrants, and many couples have messy and unresolved agreements and/or registrations that need to be cleaned up. Couples also need to consider whether they want to extend marital rights (and duties) retroactive to when they first starting living together as a couple, and those with children may need to resolve issues of legal parentage.

All of these issues will be addressed in the new edition of Making It Legal , which provides a brief history of the same-sex marriage movement, an overview of emerging trends, and a discussion of the factors involved in the personal decision to marry, including:

• whether a pre-nup agreement is advisable what it involves
• whether you will be responsible for your partner's debts if you're married
• how to evaluate the effect of taxes on shared lives
• when to turn to professionals for help during disagreements
• when a will or living trust might be needed, and
• more!

Product Details

ISBN-13:	9781413322927
Publisher:	NOLO
Publication date:	04/18/2016
Edition description:	Fourth
Pages:	256
Product dimensions:	6.90(w) x 8.90(h) x 0.70(d)

About the Author

Frederick Hertz is a practicing attorney-mediator and the author of other Nolo books including, A Legal Guide for Lesbian & Gay Couples, Living Together: A Legal Guide for Unmarried Couples , and Making It Legal: A Guide to Same-Sex Marriage, Domestic Partnership & Civil Unions . You can visit Frederick's website at http://www.frederickhertz.com.

Emily Doskow is a practicing attorney and mediator who has worked with families in the Bay Area for more than 22 years. She specializes in family law, including adoption, parentage issues, domestic partnership formation and dissolution, and divorce. She is a graduate of the Boalt Hall School of Law at the University of California at Berkeley. She is the author of Nolo's Essential Guide to Divorce and coauthor of A Legal Guide for Lesbian & Gay Couples.

Table of Contents

1. A Brief History of the Same-Sex Marriage Movement
2. Same-Sex Marriage Around the World and at Home
3. What It Means to Be Married: The Rules of Marriage and Divorce
4. The Real-Life Consequences of Legal Discrimination
5. Marriage Material
6. Ten Steps to a Decision
7. To Prenup or Not to Prenup
8. Avoiding the Ugly Gay Divorce
9. Estate Planning for Same-Sex Couples
The End
Appendixes
A. Resources
B. The Marriage License Test
Index

Interviews

Now that same-sex couples can marry in every state in the United States—and obtain a judicial divorce in every state as well— the legal rules for same-sex spouses are much simpler than they were in past years. But there are still many particular issues that are pertinent to LGBT couples, and that’s where this book is so valuable.

Some of the challenges are legal: what does it mean to state-register as domestic partners rather than marry, and what are the implications of being civil union or state-registered domestic partners? What are the consequences of being in a long-term relationship, but only being married for a short duration? And what is required to become the legal parent of a child born to or adopted by one’s partner? Other questions are more cultural or personal: how does one decide who is a partner worthy of marriage rather than non-marital cohabitation? When is a premarital or post-marital agreement advisable? How should finances be arranged when a couple is marrying later in life?

This book surveys the legal and inter-personal issues that arise for same-sex couples considering state-registration or marriage, with a keen eye to the political and legal history and cultural uniqueness of the LGBT community.

Editorial Reviews

Indispensable and informative.”  Gavin Newsom, Lieutenant Governor of California

“Hertz and Doskow offer the sensible fruits of their decades of experience so you can sort through your options and make a plan.” Jennifer C. Pizer, Senior Counsel and Director, National Marriage Project, LAMBDA Legal

“For gay couples and their professional helpers this is a necessary guide through the confusing patchwork of laws that apply to gay relationships, partnerships, unions and marriages.” Don Clark, PHD, Author of Loving Someone Gay

From the Publisher