| Legal ForumsRegisterSign inBankruptcyBusinessCriminalEmploymentFamilyImmigrationReal EstateMore... | ChatUpcomingArchiveHelpAsk a LawyerToday's Q&AAsk a QuestionAsk a Lawyer ArchiveTopic Schedule |
| Legal Forms & DocumentsState Law and AgenciesU.S. ConstitutionFederal Courts & LawsU.S. Small Claims CourtFederal Government AgenciesLegal DictionaryFree Case Law Research |

Straight married couples can file bankruptcy on the same bankruptcy
petition and as such have some benefits from this, such as not having
to pay the $299 filing fees twice). As the law stands, gay couples
cannot file a joint petition, whether or not they are within a civil
partnership or legally married under state law. Bankruptcy is a federal
law and the federal Defense of Marriage Act ("DOMA") prohibits federal
recognition of this.
The Obama Department of Justice has said:
With
respect to the merits, this Administration does not support DOMA as a
matter of policy, believes that it is discriminatory, and supports its
repeal. Consistent with the rule of law, however, the Department of
Justice has long followed the practice of defending federal statutes as
long as reasonable arguments can be made in support of their
constitutionality, even if the Department disagrees with a particular
statute as a policy matter, as it does here.
However there are currently no immediate signs of this changing.
This leaves gay couples the choice of filing joint petitions and facing
joint fees, or hiring a bankruptcy lawyer with the aim of challenging
the law.
Disclaimer: The information provided on Lawyers.com is not legal advice, Lawyers.com is not a lawyer referral service, and no attorney-client or confidential relationship is or should be formed by use of the site. The attorney listings on Lawyers.com are paid attorney advertisements and do not in any way constitute a referral or endorsement by Lawyers.com or any approved or authorized lawyer referral service. Your access to and use of this site is subject to additional Terms and Conditions.

