What the Respect for Marriage Act Means for Family Law
While the legislation offers clear guidelines for family law attorneys, it also offers peace of mind for individuals and couples worried about marriage equality.
December 19, 2022 at 03:56 PM
3 minute read
President Joe Biden just signed the Respect for Marriage Act (RFMA) into law. A significant piece of legislation for marriage equality, the RFMA repeals the 1996 Defense of Marriage Act while also adding protections for legal marriages in all 50 states. The new legislation provides guidelines for family law practitioners and gives same-sex and interracial couples marriage equality protections.
One main component of the RFMA is the requirement for all states to recognize legal marriages that were performed anywhere in the United States, regardless of state laws where one currently may reside. In this instance, if two people are married in one state and move to another where their marriage is not legal, that marriage must still be recognized. The RFMA adds protection for same-sex and interracial marriages
"For the first time in our nation's history, legally married persons can be assured their marriage will be recognized in all 50 states." said Brent A. Cashatt, President of the American Academy of Matrimonial Lawyers (AAML). "Family Law attorneys now have clear legislation to follow when working with families with diverse views. Those families now can travel freely across the country or move to different states with the assurances that their marriage and its associated benefits, such as retirement recognition, health insurance coverage, adoption, and property division, will be fully recognized and respected," said Cashatt.
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