

167 - Polyamory and the Law
Apr 17, 2018
Jonathan Lane, an attorney specializing in family and immigration law for polyamorous, kinky, and LGBTQ communities, discusses vital legal insights for nontraditional relationships. He highlights the differences between polyamory and polygamy, offering practical advice on custody, immigration, and divorce. Lane also addresses the challenges in securing employment protections for polyamorous individuals, as well as the complexities of parental rights under the law. His expertise sheds light on navigating legal hurdles in consensually non-monogamous relationships.
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Polyamory vs Polygamy in Immigration
- Being polyamorous does not disqualify someone from US citizenship unlike polygamy, which is barred due to moral character laws.
- Immigration officials focus on the validity of the married couple’s relationship, not on consenual non-monogamy evidence.
Careful Social Media Use for Immigration
- Avoid posting overtly sexual or romantic photos with other partners when applying for immigration through marriage.
- Present clear, straightforward evidence of the relationship with your spouse to avoid government suspicion.
Prenups for Non-Monogamous Couples
- Include practical terms in prenups for polyamorous marriages, such as clauses addressing monogamy or sex-related penalties.
- Prioritize clear disclosures and legal representation to ensure enforceability.