Good News on FMLA for Same Sex Spouses
The U.S. Department of Labor (DOL) has published its Final Rule regarding the definition of “spouse” under the Family and Medical Leave Act (FMLA) in light of the United States Supreme Court’s decision in United States v. Windsor, which found Section 3 of the Defense of Marriage Act (DOMA) to be unconstitutional. The Final Rule, which takes […]
How Long Must I Wait Before I Can Get Divorced in Connecticut?
In the 1985 lesbian romance Desert Hearts, professor Vivian Bell, in need of a quick divorce, heads to a ranch in the state of Nevada, whose lenient residency requirements of just six weeks and no waiting period are the shortest in the nation. For a time they weren’t though: after the Civil War, there was a national movement for […]
Why It is Especially Important that Connecticut Unmarried Same Sex Partners Adopt Their Children
One of the most common misconceptions that we hear when we are discussing parental rights with new or prospective clients is their belief that they are the legal parent of a child by virtue of appearing on the birth certificate. As the National Center for Lesbian Rights explains: It is extremely important for non-biological parents […]
Recent and Proposed Changes to Procedure in Connecticut Divorce and Family Matters
What should I expect when I go to court for my divorce? Many of Freed Marcroft’s same-sex family law clients — whether we represent one party in a dissolution or custody dispute, or serve as a couple’s divorce mediator — are understandably interested in knowing what to expect when they go to family court. Two recent […]
But We Are Both on the Birth Certificate! Why Do We Need to Adopt?
A very common question that same sex married clients with children ask us is: “But we are legally married in Connecticut, and we are both on the birth certificate. Should we also adopt our child?” Yes. In Connecticut, a child born to two married persons is presumed to be the legal child of both parents […]
Same Sex Divorce and its Impact on Marriage-Based Green Cards
What happens when two of Freed Marcroft’s practice areas, lgbt family law and immigration, intersect? We assist binational same sex couple clients in obtaining permanent residence status (commonly referred to as “green cards”) based on their marriage to a United States citizen (or green card holder). But what if that marriage breaks down? Divorce is an […]
How Do Same Sex Married Couples Divorce if the State They Live in Doesn’t Recognize Their Marriage and It Fails?
There is an old adage that it is should be as difficult to get married as it is to get divorced. Well, same sex spouses who were married in a state that recognizes same sex marriage but reside in a state that doesn’t may literally have to move in order to obtain a dissolution of […]
A Year Post Windsor: Are Same Sex Spouses Able to Access Their Federal Benefits?
The United States Department of Justice today issued its formal report on its efforts, together with other federal agencies, to implement the decision the Supreme Court’s historic Windsor decision striking down Section 3 of the Defense of Marriage Act across the entire government. There were also announcements released in conjunction with the report that clarify or granted […]
Meghan Freed in Connecticut Law Tribune Article About Federal Benefits for Same Sex Couples
Meghan Freed was featured in a Connecticut Law Tribune article entitled “DOMA Decision Brings Wave of Litigation Involving Same-Sex Partners.” While the United States Supreme Court’s overturn of a portion of the Defense of Marriage Act (“DOMA”) in June, 2013, gave legally married same-sex couples access to all the federal protections afforded to legally married […]
Are Civil Unions from Other States Recognized in Connecticut?
Kristen recently wrote about what happened to same sex couples who had entered into Connecticut civil unions before marriage was available in Connecticut. Now we turn to the question of whether a civil union entered into in another state or foreign jurisdiction will be recognized in Connecticut. In some cases, this question arises when a Connecticut same […]
