A recent article in the Los Angeles Times examined the national trend in Family Law courts supporting the rights of same sex couples despite the fact that many states do not recognize same-sex marriages. Despite this lack of acknowledgment, court decisions on child custody, divorce and other issues are giving increased rights to same-sex couples.
The trend of legally married, same-sex couples moving from their home states to states that don’t allow same-sex marriage is forcing courts, legislatures and employers to deal with the resulting issues of same-sex child custody, divorce, inheritance and end-of-life decisions. The rights that these individuals are gaining have led to virtual equality between same-sex and heterosexual unions in many states.
What can same-sex couples do while they await reversal of Proposition 8? Protection of legal rights is the most important step, and a serious discussion of California same-sex parents custody, estate planning and financial issues should be the first step. Also, keep in mind California Family Code section 297.5, which states that:
“Registered domestic partners shall have the same rights, protections, and benefits, and shall be subject to the same responsibilities, obligations, and duties under law as are granted to and imposed upon spouses.”
This means that, if same-sex couples have not yet become domestic partners, they should do so to ensure that they benefit from all of the same legal rights and obligations that are associated with marriage.
Same-sex couples should consult with a skilled California family law attorney who has experience with the legal issues faced by same-sex couples. The family law attorneys at Wallin & Klarich can help you every step of the way. While these steps can seem onerous, it’s important that same-sex couples do their homework in order to enjoy as many rights as possible in the temporary legal vacuum left by Proposition 8. Give Wallin & Klarich a call today at 888-749-7428.
A recent story asks the question of whether or not the economy is affecting divorce rates in the country. The answer appears to be – yes. Across the nation, divorces are down, according to the American Academy of Matrimonial Lawyers. It seems that when times are rough, more couples choose to tough it out. Not so much for love, but for money.
The article go…
In an unusual article from The Daily News by Catey Hill, we find the story of Emma Brady, who found out through an update on the social networking site “Facebook” that her husband was divorcing her. Brady, a 35-year-old conference organizer, claims that she found out that her husband wanted a divorce via Facebook. She said that her friend was looking at Facebo…
It is important to have a private attorney represent you in any matter you have in Dependency Court. If you do not retain private counsel you will be appointed an attorney who will represent you. The court appointed attorneys are overloaded with cases and do not have extra time to put into your case.
An example of this is the case of In Re R.M. and S.M. v. J.M. In thi…
- Child Custody/Visitation Orders,
- Child Support orders, and
- Spousal Support orders.
Child Custody/ Visitation Order Modification
When the court find… Continue Reading.......
An article on the website californiadivorce.info discusses the types of family law court orders in California that are most often amended, or ‘modified’. The 3 types of orders the article discusses are:
Do you feel that the other parent of your child is not paying you enough child support each month? Or, do you feel that you are paying too much in child support? If you’ve never had a qualified family law attorney assist you in calculating child support, the answer to either of these questions is probably a solid “yes.”
The amount of
on it’s website about getting your first support order in California for different scenarios, like child or spousal support.
California Child Support Orders
Whether or not you are married or involved in a domestic partnership (as defined by California Law) will determine what type of case you will star… Continue Reading.......
The California Courts: Self Help Center has a
Divorce in California
can be devastating emotionally, not only for the married couple but also for the family unit that is being forever altered by the decision. The tips listed and detailed in the full article are:
- Choose an appropriate time and place for your
… Continue Reading.......
An article by Rafael Richman, Ph.D. details twelve tips on how to tell your children about divorce.