KURLAND ASSOCIATES INC.
OCALA, FLORIDA

We handle a wide range of issues including LGBTQ matters, women’s rights, equal pay and Title VII discrimination, housing, healthcare, immigration, family and employment law. We provide these legal services for individuals, businesses, and not-for-profit entities. strive to effectively represent our clients by bringing a public interested perspective into a private practice setting. We also bring a high level of attention and care that helps every client and every matter, whether small or large, get the individualized attention it deserves. We handle a wide range of issues including LGBTQ matters, women’s rights, equal pay and Title VII discrimination, housing, healthcare, immigration, family and employment law. We provide these legal services for individuals, businesses, and not-for-profit entities. strive to effectively represent our clients by bringing a public interested perspective into a private practice setting. We also bring a high level of attention and care that helps every client and every matter, whether small or large, get the individualized attention it deserves. Recently my partner and I found out that we are expecting our first child. Since we are married, do we still need to do a second-parent adoption after our child is born? The application of marital presumption is not as simple, however, when applied to same-sex couples, as demonstrated by recent court decisions. Some courts have held that the marital presumption is not based on the marriage itself but the biological reality that the husband and wife conceived the child together. As such, these courts denied same-sex couples this right. Other courts have held that the marital presumption is not genetically based, but provides legitimacy to the children. Thus, these courts applied marital presumption for same-sex married couples and granted them equal protection. Due to the complexity of case law in this context of family law, it’s best to consult with an attorney with family law experience to discuss not only the law of marital presumption but all the avenues you may have in regards to safeguarding your family and their legal rights. Good luck and I hope this was helpful. Good question. Title VII of the Civil Rights Act of 1964 is a federal law that prohibits employers from discriminating against employees on the basis of sex, race, color, national origin and religion. Recent court cases and the Equal Employment Opportunity Com­mission’s (EEOC) interpretation and enforcement of Title VII have demonstrated that gender-specific dress code policies may violate Title VII. Due to the complexity of the legal landscape regarding gender-specific dress codes, it’s best to consult an attorney with discrimination experience to discuss not only federal, but state laws that may afford you additional protections against sex discrimination. I hope this is helpful. Good luck! That means making sure you have a valid healthcare proxy and a power of attorney, so that your spouse (or someone of your choosing) is empowered to make decisions regarding your health and finances when you can’t because of illness or other disability. These documents can help ensure that you have access to your spouse and the right to make important decisions for her if she can’t, especially if you’re in a state that hasn’t yet legalized same-sex marriage. With something this important, it’s crucial to consult a knowledgeable attorney who can help you navigate the current legal landscape. Your spouse can immediately petition for your green card, which is conditioned on you staying married to each other. The green card application will require you and your spouse to provide, among other things, proof of the marriage, your spouse’s financial condition, and her ability to support you financially if you should fall on hard times. After you’ve been married for two years you can begin the process to apply for permanent resident status and eventually apply for citizenship. Without being the child’s legal parent, you could be prevented from seeing your child and making important decisions for him or her. Should you and your spouse separate, the birth parent’s rights would most likely be superior to your own. Further, if your spouse were to die, you may not be recognized as the child’s guardian if you are not a legal parent. So, obviously there is an important difference between your wife being listed on the child’s birth certificate as a parent and going the legal process of adoption. You can petition for a second parent adoption without an attorney, but many people find that because of the numerous forms and other documents required—along with the complicated process that includes an obligatory home visit by a social worker—retaining an experienced law firm to handle the process is much more efficient and saves valuable time, hardship and resources. I hope this is helpful, and again, congratulations on the new addition to your family. In New York, when business partners and non-spouses purchase property together, it’s most often titled as “tenants in common.” That means each of you owns half of the property separately. Your portion then passes to your heirs. My partner and I took advantage of the recently passed marriage equality law in New York and tied the knot. I am trying to make plans for the end of the year and I’m assuming we will file our tax returns jointly. Is there anything I should know about doing so? And, we did not sign a prenuptial agreement—is that something we should have done? Is there anything I can do about it now? In addition to the rights and privileges bestowed on married couples in this state, many obligations come with this status. In essence, the law now views you as one combined unit rather than two distinct individuals. Not what you want? Then you should have a prenuptial in place that clearly defines your shared and individual rights and responsibilities. A prenuptial is also helpful because it can provide for terms of separation if you choose to dissolve your relationship. Even though you did not execute a prenuptial before your marriage, you’re still in luck. You can execute a postnuptial after your marriage which, if executed properly, has the same weight and effect of a prenuptial.