Same Sex Marriage and Its Details: Custody, Property, and Recognition

The laws regarding same-sex marriage in North Carolina can be a bit convoluted and limiting to some; it’s a topic that has been discussed time and time again, amounting to constant change and debate. This can be a sensitive issue for the couple, the family of the couple, and even friends of the couple. The transition or announcement can be a surprise to those around you, and oftentimes there are legal bindings that need to be solved when dealing with the issue, whether it be marriage bindings, pre-nuptial agreements, or parental agreements.




At Schulz Stephenson Law, we welcome the opportunity to work with you to ensure that all things are secure and in order when dealing with a same-sex marriage or custody changes that could follow in North Carolina. Because same-sex marriage is now legal in North Carolina, it’s extremely important to make sure your marriage rights are equal and applied to your situation correctly and efficiently.


In North Carolina, the debate for the allowance of same-sex marriage has been long and confusing. There have been many back and forth rulings on the matter, and frankly, it’s a bit hard to keep up with it all, especially if the rulings can seriously alter your life plans and lawful decision making. Keeping this in mind, when dealing with cases it’s important to have a client educated on their rights within the state. Here are the basics you need to know about North Carolina’s policy on same-sex marriage:


• Same-sex marriage had been illegal in North Carolina since 1996
• Amendment One was passed in North Carolina in 2012, which defined a same-sex relationship only as a “domestic legal union”
• Same-sex marriage became legal in North Carolina in 2014 after an Asheville District judge dealing with a same-sex marriage case ruled Amendment One to be unconstitutional
• North Carolina allows government officials to refuse giving a marriage license to same-sex, interracial, and interfaith couples by citing religious objections


All of the liberties that one would gain in a traditional marriage are applied to a same-sex couple. If you are being denied or unrecognized by any business, contract, or legal institution, we can help you defend your rights and make them clear. If you just got married (or will be married soon) and would like to ensure estate security, address child custody issues, or have questions on how the law views having children by other methods of conception, please give us a call today.


Schulz Stephenson Law represents clients regarding Family Law and Divorce matters in Carteret County, NC including Beaufort, Morehead City, Atlantic Beach, Cape Carteret, and Emerald Isle as well as New Bern and other areas in Craven County, Pamlico County and surrounding areas. Contact us today for a consultation so we can discuss your personal situation and how the new same-sex marriage laws impact you and your family.

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