Ever since the United States Supreme Court determined that state bans on same-sex marriage were unconstitutional,1 the legal landscape has seen numerous changes regarding same-sex individual’s legal rights in divorces and ancillary matters flowing out of the divorce, such as division of property. One of the biggest changes that has occurred is the legal rights an individual has to a child born during the marriage. So, you may be wondering, what are my rights to my child born during my same-sex marriage? In this blog, we try to answer that question, as well as provide general information on an individual’s rights ...
September 17, 2020CD
Divorce matters are often stressful and trying times for a family that is undergoing radical changes. This is no different for the individuals in a same-sex marriage who seek to get divorced. However, spouses in a same-sex marriage may face certain hurdles or unique circumstances given that nationwide same-sex marriage was only recognized more recently via the United States Supreme Court’s holding in Obergefell v. Hodges, 135 S. Ct. 2584 (2015). This blog explores some of the unique specific issues that a same-sex couple may face when getting divorced. Property Division. Indiana subscribes, under the Dissolution Act, to the “one pot” ...
April 25, 2019CD
The idea of cohabitation between partners has become more commonplace in the United States in the past several years. In some respects, an increase in cohabitation among romantic partners grew due to laws prohibiting same-sex couples from marrying. After same-sex marriage was validated across the United States, many couples elected to take advantage of their ability to marry under the law. However, this change does not mean that cohabitation among partners is now no longer prevalent in Indiana and across the US. It is! Couples may cohabit for a variety of reasons – younger individuals are choosing to cohabit before marriage ...
February 25, 2019CD
The United States Supreme Court’s decision to allow same sex couples to marry may be just the beginning of the legal impact of recognition of a fundamental right of lesbian, gay, bisexual and transgender individuals. There is a push for further protection of the LGBT community to add sexual orientation and gender identity to civil rights laws to protect them against discrimination. The United States Supreme Court in the Obergefell case held the Fourteenth Amendment requires that same sex couples have the right to marry and have their marriage recognized by all states. This right has already had an impact on ...
July 2, 2015Adam Hayes
The right to marry and divorce in Indiana has historically been limited to male-female relationships. The statutes providing this right remain the same. However, constitutional law is superior to statutes. There have been claims that Indiana’s Marriage and Dissolution statutes are unconstitutional as it relates to unions between same-sex coupled. On September 4, 2014, on appeal from a federal trial court, Baskin v. Bogan, 766 F.3d 648 (2014), the Seventh Circuit of Appeals found Indiana’s statute and an amendment to the Wisconscin constitution banning same sex-marriage was unconstitutional. The United States Supreme Court refused to accept the case on Certorari. Therefore, ...
June 26, 2015Adam Hayes
It is time for another update on the Great Marriage Debate in Indiana. On June 25, 2014 a ruling by Chief Justice Richard Young of the United States District Court for the Southern District of Indiana found the ban on same-sex marriage in Indiana unconstitutional, violating both the Due Process and Equal Protection clauses of the 14th Amendment1. In their arguments, the Plaintiffs (parties bringing the action) argued that the State of Indiana was impeding on their fundamental right to marry, and therefore, its laws violated the Due Process Clause.2 The Court held that the Defendants did not meet their burden ...
October 30, 2014CD
As the marriage debate continues, we continue to update the cases and related information regarding same-sex couples in Indiana. In the past few weeks, an update out of the Southern District of Indiana was issued, and it was held, as a preliminary matter, that Indiana must recognize the same-sex marriage of parties who wed in Massachusetts as valid. The Order on Preliminary Injunction (requiring Indiana to recognize the out-of-state marriage of the parties) was granted and Ordered on or about May 8, 20141. The parties, Niki and Amy, were married in Massachusetts and subsequently moved to Indiana. They have two (2) ...
September 25, 2014CD
The Indiana Legislature has recently voted to amend the state Constitution to prohibit same-sex marriage in Indiana. This matter will not be voted on by the public for some time, but in the interim, there are lawsuits moving forward regarding the same-sex marriage ban Indiana already has in place (by statute and caselaw). Recently, four (4) lawsuits have been filed in Federal Court regarding Indiana’s ban on same-sex marriage. Indiana Code 31-11-1-1 defines marriage as between a man and a woman only and does not recognize same-sex marriages, even if valid in the state performed. The parties suing are alleging that ...
May 22, 2014CD
A recent blog post explored a Court of Appeals case just recently handed down which allowed for a same sex partner to seek visitation of a child after the couple had split up. The topic of same sex couples, marriages, and parents have come to the forefront of many areas of domestic and family law, and is being reviewed and addressed by several states and agencies within states across the nation currently. A previous blog post explored a proposed ban on same-sex marriage as a constitutional amendment in Indiana1. At the time, the United States Supreme Court had not yet ruled ...
December 12, 2013CD
Society, and what comprises a family, has changed since the Leave it to Beaver days. Many more families are comprised by any mixture of parents, step parents, same sex couples, extended family members (aunts/uncles/grandparents), and even non married opposite sex couples cohabitating. The change in societal norms, and the construction of a family unit, has inherently caused the legislature and the courts to adopt new rules and laws to enforce rights and duties of a parent to a child, or someone acting as a parent to a child. In the past, the only legal rights and duties between a parent and ...
November 26, 2013CD