Ohio LGBTQ Family Law Attorneys

Same-Sex Marriage in Ohio

On June 26, 2015, in a 5-4 decision, the Supreme Court of the United States held that the Fourteenth Amendment of the United States Constitution requires all 50 states to authorize same-sex marriages within their boundaries and recognize the marriages of same-sex citizens from other states.

The author of the majority opinion, Justice Kennedy, wrote that “Decisions about marriage are among the most intimate that an individual can make. This is true for all persons, whatever their sexual orientation.” (Obergefell v. Hodges).

New Laws in the Making

Weisenburger Law Offices shares in your joy and celebration for the right for all persons to marry. However, we recognize that, unfortunately, relationships and marriages can break apart despite the best intentions. A same-sex divorce, dissolution, or legal separation can be even more tumultuous due to uncertain and unsettled legal rules. For example, the legislature in the State of Ohio has not yet clarified, defined, or updated some of the essential concepts in Obergefell:

• Can same-sex couples who were married in other states before the June 26, 2015 decision obtain a divorce, dissolution, or legal separation in the State of Ohio now?
• What about same-sex couples wishing to divorce that had a domestic partnership instead of a marriage?
• Can same-sex couples who were never married or never had a domestic partnership formulate a formal plan regarding the allocation of parental rights and responsibilities for their children?
• Do unmarried and separating same-sex couples can petition the juvenile court to establish custody and child support? 

The courts in Ohio have little to no guidance regarding these various legal questions given the silence of the legislature and the questions left unanswered by Obergefell. This leaves many in the LGBTQ community confused about how to resolve these complicated and sensitive matters.

Regardless of the unsettled legal landscape for the Ohio LGBTQ community, Weisenburger Law Offices assure you that the Court’s decision in Obergefell absolutely gives new legal protections for same-sex married partners and divorcing partners in the State of Ohio; specifically, access to domestic relations laws.

Helping Same-Sex Spouses, Partners and Parents with Domestic Relations Laws

Our firm’s LGBTQ lawyer is keeping abreast of the developments of this new area of the law. She is a dedicated advocate determined to help you prevail in the complicated process of gay and lesbian domestic relations issues in Ohio, such as:

• Divorce
• Dissolution of marriage
• Legal separation
• Adoption
• Allocation of parental rights and responsibilities
• Child Support
• Establishment of paternity
• Visitation rights
• Surrogacy
• Step-parent adoption
• Spousal support
• Property division

Contact Weisenburger Law Offices at 330-296-8000 (Ravenna) or 330-686-2890 (Stow) or via email. We offer case reviews in person or over the phone.