Same-Sex Marriage Attorney Serving Franklin, Tennessee

Since the landmark 2015 Supreme Court decision that legalized same-sex marriage across the United States, same-sex unions have been recognized in every state, including Tennessee. However, although same-sex marriages are formally recognized, many same-sex couples experience certain legal hurdles. That’s where an experienced family law attorney can help. 

At Middle Tennessee Family Law, we have over a decade of experience serving individuals and families in Franklin, Tennessee, and the surrounding areas, including Murfreesboro, Nashville, and throughout Middle Tennessee. Our attorney brings a client-focused approach to every case, and we strive to provide compassionate and reliable legal guidance tailored to your needs. 

Whether you need help drafting a prenuptial agreement, addressing property division, or handling other family law matters as a same-sex couple, we provide candid advice and can help you develop thoughtful strategies to help you achieve your goals. Contact us today to schedule a free initial consultation.

Understanding Same-Sex Marriage in Tennessee

Following the Supreme Court's 2015 ruling in Obergefell v. Hodges, same-sex marriage was legally recognized in all 50 states, including Tennessee.  This decision granted same-sex couples the same rights and responsibilities as heterosexual couples.

While this ruling was a monumental step forward, there are several state-specific laws that same-sex couples should be aware of in Tennessee. Same-sex couples now have access to a wide range of rights, including but not limited to: 

• The ability to file joint tax returns 

• Rights to spousal benefits, such as health insurance and social security 

• Equal parenting rights, including adoption opportunities 

• Property rights, inheritance rights, and survivorship benefits 

• Simplified legal processes for medical decision-making and end-of-life planning 

Despite these protections, there are still instances where legal guidance can make a significant difference. For example, issues related to adoption, child custody, or divorce may involve unique considerations for same-sex couples. In such cases, it's important to work with an experienced family law attorney who understands how Tennessee laws may affect your situation. 

Legal Services for Same-Sex Couples

Under federal law, same-sex marriages are granted the same joys and responsibilities as heterosexual marriages. However, in certain cases, they may require specific legal services. At Middle Tennessee Family Law, we provide a comprehensive range of services tailored to address the unique concerns of same-sex couples. 

Prenuptial Agreements 

When planning a life together, it’s wise to prepare for the unexpected. A prenuptial agreement isn’t "planning for failure" but rather a proactive way to address issues like property division, spousal support, and financial responsibilities should a marriage come to an end.  

This is especially important for same-sex couples who may have assets or debts from prior relationships or who have children from previous partnerships. 

Adoption and Parenting Rights 

For same-sex couples looking to expand their families, adoption is a standard option. However, the process can be complicated, particularly if only one partner is the child's biological parent or if you're seeking a second-parent adoption.  

We help same-sex couples safeguard their parental rights and protect their children's futures by guiding them through the adoption process in Tennessee. 

Property and Asset Division 

Tennessee is an “equitable distribution” state, meaning property and assets acquired during a marriage are divided fairly, but not necessarily equally, in the event of a divorce.  

For same-sex couples, property division can become even more complicated if assets were acquired before the Obergefell v. Hodges ruling or if one partner owned significant assets prior to the marriage. At our firm, we can help you understand what’s considered marital property and how it can be divided fairly. 

Spousal Support and Child Custody 

If you're seeking spousal support or addressing child custody arrangements in a divorce, our team will take the time to listen to your concerns and advocate for your best interests.  

It's essential to remember that Tennessee courts determine child custody based on the child’s best interests. This commonly involves evaluating factors such as each parent's relationship with the child and their ability to provide a stable home environment for the child. 

Estate Planning for Same-Sex Couples 

Estate planning safeguards your wishes and protects your loved ones in the event of illness or passing. For same-sex couples, this can include drafting clear, legally binding wills, setting up trusts, assigning powers of attorney, and establishing healthcare directives.  

Tennessee Laws Governing Same-Sex Marriage

Tennessee follows federal law in recognizing same-sex marriages, meaning same-sex couples have the same rights and responsibilities as heterosexual couples under the law.  While this equal footing is reassuring, legal gray areas exist, particularly regarding family law matters. Some of these areas include, but are not limited to, the following.

• Adoption laws in Tennessee permit same-sex couples to adopt, but the process may vary depending on whether one or both partners are related to the child biologically. 

• Divorce laws in Tennessee require a 60-day waiting period for couples without children and a 90-day waiting period for couples with children. Gender is not a factor in decisions regarding property division or child custody, but depending on the circumstances, some biases may still exist, making legal advocacy important. 

• Estate conflicts could arise if estate documents are outdated or do not specifically name a spouse as a beneficiary.