Legal Counseling and the Marriage Decision: The Impact of Same‐Sex Marriage on Family Law Practice

Objective To examine the role of family law attorneys in providing counsel regarding the legal rights, vulnerabilities, and implications of marriage for their lesbian, gay, bisexual, and transgender (LGBT) clients. Background Although the acquisition of state and federal marital rights could result in a convergence of practice experiences for family lawyers representing LGBT and heterosexual clients, the contentious legal history surrounding LGBT individuals could continue to produce different client demands surrounding marriage. Method This study draws on in‐depth interviews with 21 family law attorneys with LGBT clients. Results Participants attributed the demand for legal counseling about the marriage decision to a lack of socialization into marriage and uncertainty and skepticism regarding the permanence of legal changes. They indicated requests for legal counseling varied by age cohort and by the legal and sociopolitical context in which clients were nested. Conclusion The practice of family lawyers has been responsive to rapid legal and cultural shifts for LGBT individuals and their families, resulting in the emergence of new foci of legal counseling surrounding the marriage decision. Implications Family lawyers might consider a more concerted effort to offer legal counseling about the marriage decision, particularly for older LGBT clients, those living in negative sociopolitical environments, and different‐sex couples.