Frequently Asked Questions
Which states recognize same-sex marriages?
Same-sex marriage was established in all 50 states as a result of the ruling of the Supreme Court of the United States in the landmark civil rights case of Obergefell v. Hodges, in which it was held that the right of same-sex couples to marry on the same terms and conditions as opposite-sex couples, with all the accompanying rights and responsibilities, is guaranteed by both the Due Process Clause and the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution.
Do I need to be a resident of a state to get married in that State?
Are you able to help clients nationwide?
Absolutely. Higbee & Associates specializes in serving clients nationwide and worldwide. We have state-of-the-art technology allowing us to effectively communicate and keep our clients informed of every step taken with their case. Our clients are able to log-in to our website and view real-time case status updates, complete questionnaires, check off documents that have been submitted, and view notes made by their attorneys. Our clients love that they are able to see what steps have been taken with regards to their case and any future steps necessary for completion. We also regularly Skype with our clients who may want a face-to-face meeting who otherwise do not have the time to visit one of our offices. At Higbee & Associates we are able to do things differently - which our clients appreciate.
What documents do I need to get married?
In most states, both parties must appear in person and bring valid picture identification to the County Clerk’s Office to apply for a marriage license. Valid picture identification is one that contains a photograph, date of birth, and an issue and expiration date. Some states and counties may also require a copy of your birth certificate. If you have previously been married you will need to know the date your last marriage ended and how it ended. You may also be required to present a final judgment of the dissolution.
I have a civil union from another state. Can I still get married in a state that recognizes same-sex marriage?
Yes, as long as you are marrying the same person. If you are marrying a different person, you will need proof that your civil union ended (i.e. death, dissolution, divorce, or nullity).
I am in a State Registered Domestic Partnership. Can I still get married in a state that recognizes same-sex marriage?
Yes, as long as you are marrying the same person with whom you are registered as a Domestic Partner. If you are marrying a different person, you will need proof that your domestic partnership ended (i.e. death, dissolution, divorce, or nullity).
Will immigration benefits be given to those who hold civil unions or domestic partnerships?
No. Those who hold civil unions or domestic partnerships must legally get married in a state that allows same-sex marriage. Only then will the federal government recognize the marriage.
I married my partner abroad in a country that recognizes same-sex marriage. Will the United States recognize that marriage for immigration purposes?
Yes, as long as you are legally married in a country that recognizes same-sex marriage. The new Supreme Court ruling has allowed the federal government to treat all marriages equally. Since immigration is governed by federal law, immigration benefits will now be given to same-sex couples, no matter where you reside.
How do I know if I qualify for immigration benefits?
Immigration law still remains one of the most complex areas of law. Determining eligibility depends on many factors, such as your manner of entry into the United States, any past immigration history, past criminal history, and the length of stay in the U.S. The firm of Higbee & Associates has created a state-of the art eligibility test to determine all the immigration benefits you may be eligible for. To find out your eligibility, you may submit an inquiry through the “Contact Us” form on this page, or you may give us a call at (855) 519-3970.
Mathew HigbeeAttorney at LawMathew Higbee utilizes his unique blend of legal and professional experience to deliver success for his clients. He has handled a wide-range of cases in both criminal and civil courts. He has served as a prosecutor and defense counsel. He is a frequent commentator and guest writer for various media.
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