South Dakota Taking an Undesirable Approach to Gay Marriage

While the ban on gay marriage was lifted back on June 26th in South Dakota, thanks to a ruling from the Supreme Court, that language that is part of the state’s legal code is still in place. It could take as much as an election that is state wide in order to clear this verbiage. In essence, the language is harmless and it can no longer be legally enforced but there are many people who are pushing to have the language removed in order to solidify the decision. It is unfortunate but true that the legislature in South Dakota is […]

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Breaking New Ground with Gay Divorce

2015 has been an interesting year, with the recent Supreme Court decision legalizing same-sex marriages. With this monumental step towards equality brings a new issue: same-sex divorce. With any marriage, there is always an inherent risk of divorce. And every divorce, whether in a traditional marriage or a non-traditional marriage, has the propensity to be messy and complicated. Fortunately though, for a straight couple looking to end their marriage, divorces have been taking place for years and there is a level of consistency to the proceedings. There is an approved process in every single state for handling a divorce between […]

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Estate Planning for Same-Sex Couples

Same-sex couples can be facing different concerns when it comes to estate planning. The following are some of the major issues that these couples may face, and tips for consideration. A Will: Having a will is the most common part of an estate plan. Many people are able to create a will without the help of an attorney. A will can determine the following: who receives your assets when you die who will be named guardian over minor children announce an executor If you are not married, or your state does not recognize your marriage, having a will can help […]

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LGBT Estate Planning

All couples should think about doing an estate plan. Same-sex couples more so because even though the United States Supreme Court said all states must allow same-sex marriage does not mean all states recognize that marriage. Allowing states to ignore the laws that were enacted to protect married couples and their possessions. By having an estate plan clarify the exact nature of the relationship for those that don’t understand or approve. By having an estate plan deals with legal issues such as who gets what when one partner dies, who has the legal right to make medical decisions if a […]

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The Evolution of Gay Marriages in America

Before the year 2013, the Federal Government considered same-sex marriage as illegal under the Defense of Marriage Act, abbreviated as DOMA. In June 2013, DOMA’s definition of marriage was rendered unconstitutional by the Supreme Court. To date, several states acknowledge and license same-sex marriages with many others allowing limited rights to gay marriages. The turn of events first occurred following a landmark ruling of the highest court of Massachusetts. In the decision made in November 2003, the prohibition of gay marriage was said to be unconstitutional. The first state in America to provide marriage licenses to gay couples was Massachusetts […]

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