The Supreme Court held, in Obergefell v. Hodges, that the Fourteenth Amendment requires a state to provide a marriage license for two people of the same sex and to recognize marriage between two people of the same sex when lawfully performed in another state. However, the language of the laws in many states have yet to be updated to reflect this decision, creating the potential for legal issues for married same-sex partners.
Because same-sex couples have not previously been afforded the rights and privileges of marriage, they often don’t think about creating new wills and adjusting the handling of their estates to ensure their survivors are cared for – without requiring extensive litigation to defend their rights.
This is especially important if you and your spouse have children. Paternity of or adoptive rights (of the non-biological parent) concerning those children should be clearly established in case one of you – especially the biological parent – is incapacitated.
Consulting with an attorney who is familiar with the legal challenges associated with same-sex marriage is an important step toward protecting your interest and those of your spouse.