Just last week on Wednesday June 26, the Supreme court denied prop 8, calling it unconstitutional and ruled in favor of gay rights in California. By striking down the Defense of Marriage Act (DOMA) federal law allowing same sex marriage in California, there are now 13 states throughout the United States that permit same-sex marriage. This means that approximately 30% of Americans now live in states where it is considered legal. The ultimate vote was 5 to 4, but the ruling only applies to gay and lesbian couples who live in a state that recognizes gay marriage. So what happens if you get married in one state and move to another? Will you be able to file a joint tax return? Will you be able to file for divorce? This new ruling has raised a number of important questions that the Obama administration will need to sort out. If you are in same-sex marriage and you move to another state, you will need to research their laws on the matter, because your marriage may not be recognized in that state.
Now that same-sex couples are allowed to marry in California, they are eligible for the federal benefits that used to only be offered to heterosexual married couples. The percent of opposition to gay marriage is now below 50%, with more than half of Americans now in support of same-sex marriage. The majority of Americans in opposition to gay rights stand to be Republicans who are 65 years of age or older. Here in the state of Missouri, same-sex marriage is not recognized so LGBT couples are not eligible for the federal benefits including inheritance rights, family visitation, tax benefits, military benefits and a few others. If same-sex couples marry in another state and move here to Kansas or Missouri, then their marriage would not be recognized by state law. This means that they would not be able to file for divorce in Missouri or file a joint tax return, unless Obama's administration makes changes to extend their rights. However, same-sex couples are permitted to adopt children in the Missouri.
Here at The Reynolds Law Firm, LLC, we assist families with adoptions both domestic and international. We also take on stepparent adoptions if you looking to adopt your partner's child as your own. Our team of Kansas City divorce attorneys has more than 40 years with family law matters and we have a proven track record to show for it. If you would like to learn what your LGBT rights are here in Missouri or you are looking to adopt, then please do not hesitate to call. Contact our Kansas City family law office to schedule a consultation today!