Why Same-Sex Marriage Rights Need Specialized Legal Support
At a Glance
While marriage equality marked a significant advancement for the LGBTQ community, challenges stemming from differing legal frameworks and inconsistent application continue to persist. Attorneys providing specialist legal support for same-sex marriage can protect parental and spousal rights under evolving US laws.
Next Legal’s experienced attorneys are fully equipped to provide robust advocacy, strategic legal guidance and empathy-driven counsel to help you make informed decisions and facilitate smoother transitions. Call us to book a legal consultation today.
Same-Sex Marriage Rights After Obergefell v. Hodges: Why Specialized Legal Support Still Matters
The Supreme Court’s landmark decision in Obergefell v. Hodges was a turning point for same-sex marriages, paving the way for marriage equality. It granted them legal status and allowed same-sex couples to have the same rights as regular, opposite-sex couples have.
With over 823,000 married same-sex couples as of 2025, the country has seen a sharp incline in same-sex marriages since the 2015 ruling. However, fears around these decisions being overturned and challenges around same-sex marriages persist.
Experienced family law attorneys can provide legal support for same-sex marriage, which can help couples steer through areas like parental rights, estate planning, and other areas of family law practice that require careful consideration.
This is because many of these laws were built keeping heterosexual couples in mind. As state laws continue to evolve, administrative policies encounter challenges in consistent application when it comes to same-sex couples.
It can be particularly difficult to navigate issues of child custody, spousal support or property division for same-sex couples who have been together before nationwide legalization.
In this article, we explore how legal support can protect same-sex marriages.
Understanding Why Same-Sex Couples Still Face Legal Vulnerabilities
One of the biggest challenges same-sex couples face, despite legal recognition, is the friction they face when moving to a state that is governed by a different family law framework. Presumptive parentage is a particularly susceptible area, as court-ordered judgments offer greater protection than merely being listed on a birth certificate.
For LGBTQ couples, it's important to recognize how the marital presumption for non-biological parents works in different states. This allows couples to benefit from same-sex marriage protections, avoiding harrowing legal battles that could impact the family’s stability.
At Next Legal, our experienced attorneys specialize in providing strategic guidance for same-sex couples to navigate the complexities of family law areas while addressing legal vulnerabilities. Get in touch to book a consultation today.
Key Areas Where LGBTQ+ Families Benefit From Legal Support
For LGBTQ couples, family law contains several high-stakes areas that can benefit from specialized legal support. Top-rated family law attorneys from Next Legal have a proven track record in providing strategic counsel to help couples receive same-sex marriage protections.
Here are some of the key areas that demonstrate why same-sex couples still need specialized legal representation.
Complex asset division: LGBTQ couples who have been in a domestic partnership before 2015 typically require ‘Palimony’ or ‘Marvin claim’ strategies to trace community and separate property in California. This is because standard property laws may not be fully equipped to account for acquired property during the ‘pre-marriage’ period. Expert legal support for same-sex marriage can provide robust advocacy for an equitable division of assets that reflects the true nature of the relationship.
Parental rights: It’s common for LGBTQ couples to have children through surrogacy arrangements or donors, which can complicate parental rights. At Next Legal, experienced attorneys can help draft clear Assisted Reproduction Technology (ART) agreements. This enables same-sex marriage protections to establish parental rights without ambiguity.
Second-parent adoptions: To ensure both parents have full legal rights, we encourage same-sex couples to secure second-parent adoption rights, a critical legal process for blended families, LGBTQ couples and even unmarried couples.
How an Experienced LGBTQ+ Family Law Attorney Protects Your Rights
Providing strategic legal support for same-sex marriages goes beyond mere form-filling and documentation. The best family law attorneys with experience securing same-sex marriage protections understand the need for robust legal structures that account for several factors.
This includes accounting for the unique timeline and history of a same-sex marriage before and after legalization, protecting premarital assets and ensuring fair and equitable outcomes.
Next Legal’s attorneys use their extensive experience and expertise to draft comprehensive prenuptial, postnuptial and marital settlement agreements that are respectful of your marriage’s needs and unique requirements. It helps protect your rights as a parent or spouse, allowing for a smoother transition.
For Strategic Legal Support for Same Sex Marriages, Choose Next Legal
Looking for a trustworthy family law attorney who can offer you support and ensure same-sex marriage protections alongside legal expertise backed by experience? Next Legal is here to help. Our attorneys are skilled and come highly recommended for their legal acumen.
Whether you need comprehensive legal support for same-sex marriage, divorce and child custody, mediation, restraining orders, spousal support or property division, we’ve got you covered.
As top-rated family law attorneys, we’ve been providing expertise, acting as partners and advisors to ensure discreet, fair and equitable outcomes. We employ time-tested settlement strategies to achieve early resolution and ensure exceptional client service.
We’re based in three locations, namely Palo Alto, Pleasanton and Walnut Creek. Call us or fill in our form to book a legal consultation today