LGBT Legal Issues


Committed couples of all ethnicities, religions, creeds and sexual orientation deserve the same rights and privileges under the law, according to the California attorneys at the Law Offices of Robert J. Nachshin. Since the firm’s inception in the early 90s, the family law attorneys at the Law Offices of Robert J. Nachshin have been assisting gay and lesbian couples with their cohabitation legal needs and have remained a strong proponent of same-sex marriage. While the battle for the legality of same-sex marriage in California rages on, the attorneys at the Law Offices of Robert J. Nachshin are committed to affording all couples the same rights as other couples who wish to live together or marry—despite their sexual orientation.

While the Proposition 8 vote resulted in a ban on same-sex marriage, efforts are currently in place to reinstate this right. Currently five states, including Massachusetts, New Hampshire, Iowa, Vermont, and Connecticut, as well as the District of Columbia, recognize same-sex marriage. Since polls indicate that today’s voters are more receptive to respecting the freedom of same-sex couples to marry, speculation is that California may soon reinstate its same-sex right-to-marry law.

Recently, the Obama administration took a stand suggesting that the ban against same-sex marriage was unconstitutional. Should same-sex marriage be reinstated in California, those couples will be required to file joint state income tax returns, however, until the law has been changed on a federal basis, they will not be able to file joint federal returns. They will also receive the same benefits and privileges as heterosexual couples. In the meantime, since the laws are ever-changing, it is best to consult with the Law Offices of Robert J. Nachshin’s fine team of attorneys to determine a same-sex couple’s rights—many rights as those of heterosexual couples may apply, while others may not.

At the present time, California recognizes marriages from all states and countries so long as the marriage was lawfully obtained from that state or country. If a party chooses to file for divorce, one of the parties must reside in California for a minimum of six months before the Court will assume jurisdiction over the divorce.

The Law Offices of Robert J. Nachshin offers the following to gay and lesbian couples with regard to same-sex cohabitation and marriage:

  • Advice and legal counsel as to same-sex cohabitation, partnership and marriage rights
  • Cohabitation/Partnership agreements for gay/lesbian couples
  • Dissolution of marriage
  • Legal separation
  • Child custody
  • Child and spousal support orders and modifications
  • Prenuptial and postnuptial agreements
  • Palimony issues
  • Nullity of marriage
  • Domestic partnerships
  • Adoption
  • Referral sources for the adoption of children