If you are anything like me, I am hooked on Dancing with the Stars. Every Monday I tune in excited to see lots of flashy outfits, ballroom dancing, and the Judges’ scores. This year is the 30th season of Dancing with the Stars, which is an amazing run for any show on television. While the show has had several changes over the years, this year is the first season with a same-sex dancing couple. Celebrity, JoJo Siwa is partnered with professional ballroom dancer, Jenna Johnson Chmerkovskiy. While this may be new for a ballroom reality show, same-sex couples seeking assertion of marital rights have become more prevalent in the family law field.
In June of 2015, the United States Supreme Court declared unconstitutional any prohibition to same-sex marriage by individual states in its ruling in Obergefell v. Hodges. Since then, North Carolina is bound by Obergefell to recognize and legalize same-sex marriages. Regardless of individual views and beliefs, legally speaking same-sex married couples have the same rights as heterosexual married couples. This has also expanded beyond marital rights to include custodial rights ass many of these couples have children either biologically by at least one of the partners or through adoption. Generally, custody cases of same-sex couples are relatively identical to heterosexual couples where the Court can find that the intent and practice of the same-sex couple was to assume and share parental responsibilities in raising the children. Regardless of the same-sex or heterosexual nature of the couple, when it comes to the children, the Court still considers the best interest of the children in a custody dispute.
Likewise, the right to marry comes with the right to divorce. During the divorce process in North Carolina, parties must separate for one year to be eligible for an Absolute Divorce. In an equitable distribution matter, the Court will distribute the assets and debts of the married couple. In an spousal support matter, the Court will determine dependency and applicability of any form of postseparation support or alimony.
Many same-sex partners I have spoked with worry that because of North Carolina’s legal history that they may not be treated the same as heterosexual couples. However, in my representation of clients, I have seen a large shift to incorporate the changes in the law stemming from the United States Supreme Court. Although some Court forms may still list “Mother” and “Father” versus “Parent 1” and “Parent 2,” such adjustments will take time and are being updated. As years pass, I see less and less outdated forms.
While Dancing with the Stars just got the first same-sex dancing couple, families of all kinds receive family law protections in the State of North Carolina. If you have questions about specific issues related to your family law case, an attorney with our team can help you navigate the legal system.
If you have questions about legal rights for same-sex couples, our Modern Legal team is here to help.
Please note: these educational materials are based on North Carolina law where my legal practice is based. While the insights may have wide applicability, readers should consult with an attorney regarding the specific laws in their state or country.
Written by: Megan S. White
