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Tampa Family & Estate Lawyers / Blog / Family Law / Same-Sex Marriage In Tampa: Four Steps To Take Now To Protect Your Legal Rights

Same-Sex Marriage In Tampa: Four Steps To Take Now To Protect Your Legal Rights

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As a result of Obergefell v. Hodges, a landmark Supreme Court case, same-sex marriage became legal throughout the United States in 2015. However, the rights of these couples and others in the LGBTQ community continue to remain in jeopardy. Our Tampa family lawyer is a strong legal ally on your side and recommends taking steps to protect yourself and your loved ones in the coming years.

Protecting Your Rights Against Changes In Florida Same-Sex Marriage Laws

The American Civil Liberties Union warns that LGBTQ rights are under attack in all 50 states and is currently tracking nearly 600 anti-LGBTQ bills across the country. Fourteen of these are in the Sunshine State. In light of this trend and anticipation of potential legal battles couples could face in the future, our Tampa same-sex marriage lawyer recommends taking these four steps now:

  1. If you have children, initiate a stepparent adoption.

Same-sex couples need to assess their legal rights regarding children. If one of the spouses is the natural birth parent or is otherwise the child’s only legal guardian, the other needs to take steps to initiate a stepparent adoption now.

Stepparent adoption protects your rights in matters such as child custody and visitation in case state or federal laws change. It also protects you in the event of a same-sex divorce in Tampa.

  1. Make sure you have an estate plan in place.

Your spouse has certain legal rights under state laws in the event of your death or incapacity. To further protect these rights, make sure they are included in your estate planning.

In addition to naming them as a primary beneficiary in your will, designate them as power of attorney and put advance directives in place, authorizing them to make important medical decisions on your behalf in an emergency.

  1. Review all current marital assets and property.

Marital property is often an issue with same-sex couples. Under the Florida Statutes, it includes everything earned and acquired during your marriage but may exclude certain assets from when same-sex marriage was not legal.

Do an inventory of all marital assets now and note where you can put additional protections in place. This includes creating joint accounts, putting your partner’s name on investments, and transferring property titles into their name.

  1. Put a postnuptial agreement in place.

A postnuptial agreement acts similarly to a prenuptial agreement in Tampa. It outlines each party’s rights regarding property and assets and determines how they get divided in the event of a divorce. Putting this legal document in place could help protect same-sex couples in Tampa against any future legal challenges they face.

Consult Our Tampa Family Lawyer Today

To protect yourself against any future threat to same-sex marriage rights in Tampa, contact Bubley & Bubley, P.A. We are a strong ally on your side, and can guide you in the legal actions you may need to take now. To protect your rights, schedule a consultation with our Tampa family lawyer today.

Sources:

supremecourt.gov/DocketPDF/21/21-476/227884/20220614132338901_42501%20pdf%20Goldstein.pdf

aclu.org/legislative-attacks-on-lgbtq-rights-2024

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.075.html

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