Issues Affecting Same-Sex Couples FAQ

Questions:

• What is the status of same-sex marriage among the various states?
• Does the federal government recognize same-sex marriage?
• Should same-sex couples get married?
• Will the U.S. government or another state recognize my same-sex marriage?
• Do same-sex couples face special concerns when it comes to taxes?
• What are domestic partnership benefits?
• Can lesbian and gay couples adopt children?
• How does a married or registered same-sex couple end their marriage or domestic partnership?

Answer:

Should same-sex couples get married?

If you live in one of the states that recognizes same-sex marriage, whether you and your partner should take the plunge depends on many factors -- including whether you have (or plan to have) children, how you feel about joint ownership of property, whether you want to go through a formal court process (divorce) if you break up, how your state tax liability will change once you're married, and how federal non-recognition will affect you, to name just a few. Keep in mind that the federal government will not recognize your marriage, so state law should be your focus. To learn more, see Nolo's article Same-Sex Marriage Pros and Cons or Nolo's book Making it Legal: A Guide to Same-Sex Marriage, Domestic Partnerships, and Civil Unions, by Frederick Hertz with Emily Doskow.