Southern California Family Law Blog

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.

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