Mediation in gay marriages and domestic partnerships
From adoption to ending a relationship, LGBT couples experience many of the same complex legal and emotional relationship issues as heterosexual couples. And there are also problems that are distinctly unique to LGBT and lesbian couples. Some of these issues stem from societal stigmas, while others are borne out of unique obstacles created by the law.
Same sex or LGBT marriage is currently not recognized by the US Federal Government under the Defense of Marriage Act (DOMA). DOMA was passed in 1996 and signed by President Bill Clinton. What it states is that:
•No state needs to treat a union between two people of the same sex as a marriage, even if the relationship is considered a marriage in another state.
•The federal government doesn’t recognize same sex couples as married, even if they are recognized as married by one of the states.
LGBT marriage is currently allowed in Massachusetts, Connecticut, Iowa, Maine and Vermont. However, because of DOMA, these marriages do not have full legal recognition and protection. Though a LGBT relationship is in many ways exactly like a marriage in terms of love, commitment and responsibility, many of the benefits that come with marriage from federal law are not available to same-sex couples. The every day needs of these couples are not always addressed.
Perhaps the most important thing to realize about being in a committed, LGBT relationship is that even if you and your partner have lived together for several years, you are not considered domestic partners by law unless you register as domestic partners. If you are not sure of how to register as a domestic partner at your state or are unsure of what is involved, a mediator can resolve and facilitate the legal aspect of your partnership in a sane and sensible way.
About Peace Talks Mediation Services, Inc., in Los Angeles, CA, is a pioneer in the area of LGBT domestic partnership mediation. In fact, mediators all over the country are on the vanguard of this emerging area of the law because of the flexibility of mediation and the fact that gay marriage’slegal framework is ever-changing. As one example, 18,000 LGBT couples married in California during the five month window in 2008 which allowed same-sex marriage. It has still yet to be determined how California will treat these couples as a legal entity.
A California domestic partnership is almost exactly like a marriage. Rights like health insurance and hospital visitation are granted when partners register with the state. The partners can even legally change their last names. If you and your partner decide not to register as domestic partners, you can use a cohabitation agreement to designate respective interests on property, income and financial support if the relationship is terminated. For some of the most frequently asked questions about LGTBQ couples, click here www.peace-talks.com/samesexfaw.php.
The important thing to realize is that regardless of your feelings or political thoughts about LGBT marriage and whether you as a LGBT person want to marry, there is law surrounding domestic partnerships. Also, like anything else, some aspect of domestic partnerships may be considered drawbacks:
Some Drawbacks to Domestic Partnerships;
•If you make more money than your partner and break up, you may have to share your assets.
•If one partner has immigration issues, those issues remain because being a domestic partner doesn’t guarantee citizenship.
•Registrations are public so if privacy is important to you, that’s important to know.
For some good information on the difference between LGBT marriage and a domestic partnerships and the components of each, click here www.peace-talks.com/samesexcomp.php.
Do my partner and I have to meet any requirements to qualify for domestic partnership?
You must both be members of the Same Sex Couples Mediation and live together (but both your names do not have to be on the home title). Neither of you can be married to someone else or be in another domestic partnership that hasn’t been terminated. You cannot be blood relatives. You must both be at least 18 and capable of consenting to the domestic partnership.
We highly advise that if you are in a committed relationship with someone of the same sex, no matter what you call it, that you meet with a mediator or attorney who specializes in LGBTQ unions and make sure you understand the benefits, responsibilities and drawbacks of LGBT marriage and domestic partnership. Make sure the mediator you choose is familiar with the laws in your state about domestic partnership.
To find out more about how a mediator can help you negotiate your same sex union issues to make sure you get every benefit of the legal aspects of your commitment to each other, click here www.peace-talks.com/samesex.php.
Authorbio:-Peace talks is a Los Angeles family law mediation firm offering services including divorce mediation, Parenting Plan Mediation, Premarital Mediation in Los Angeles, Playa Del Ray areas.
Article Source: Messaggiamo.Com
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