How Does Spousal Support Work in Same-Sex Marriages?
How Does Spousal Support Work in Same-Sex Marriages?
Spousal support, often referred to as “alimony,” is the money one spouse pays to another spouse for their maintenance and support after separation. There are two types of spousal support – temporary and permanent. Temporary spousal support is awarded to one spouse on a short-term basis while the divorce proceeding is ongoing. Permanent spousal support is an order made at the conclusion of the divorce action and is designed to…
Read MoreMaryland Case Highlights Complications with Same Sex Divorces in California
California’s temporary lift of its gay marriage ban several years ago is starting to have some unusual consequences. Same sex couples that were married during that time period are finding it impossible to get a California divorce attorney that is capable of taking on their cases both here and in other states. The most noteworthy case revolves around a couple who was wed in California but moved to Maryland. Maryland…
Read MoreFederal Court of Appeals Rules that California’s Ban on Same Sex Marriages is Unconstitutional
The 9th Circuit Court of appeals has ruled on February 7, 2012 that it is unconstitutional for California to ban same sex marriage. The decision will likely be appealed to the United States Supreme Court. This has been a polarizing issue in the state since 2008, when voters approved the controversial Prop 8 ban on same sex marriage with 52% of the vote. The Supreme Court’s ruling has major implications,…
Read MoreNINTH CIRCUIT HEARS ORAL ARGUMENT IN PROP. 8 CASE – CALIFORNIA FAMILY CODE SECTION 297 AND SECTION 297.5
On December 6, 2010, the Ninth Circuit Court of Appeals heard oral argument on Proposition 8, the California voter initiative passed in 2008 banning gay marriage and ruled unconstitutional in federal district court. For the first time in the Ninth Circuit, oral argument was televised and broadcast live. Prop. 8 was passed in November 2008 by a coalition of religious conservative groups in response to In re Marriage Cases, a…
Read MoreThe Putative Spouse Doctrine Now Applies to Domestic Partners in California
In the recent decision In Re Domestic Partnership of Ellis, the Court of Appeals held that the putative spouse doctrine applies to domestic partnership as it applies to marriages. This means that if parties who have a reasonable good faith believe that the domestic partnership was registered with the California Secretary of State, they are entitled to the rights and responsibilities of a registered domestic partner even if the registration…
Read MoreGay Rights Activist to Table Same Sex Marriage Issue Until 2012
Equality California, one of the largest gay rights groups in California, recently revealed that it would hold-off on pushing for a same sex marriage amendment until 2012. The group was one of the main forces leading the charge to oppose Proposition 8, of which California voters passed to outlaw same sex marriages in California. The group has indicated its hopes to raise enough money over the next four years to…
Read MoreCalifornia Supreme Court Upholds Proposition 8
The Supreme Court of California upheld the controversial proposition 8 on Tuesday, May 26th, but gay rights activists have vowed that they will continue to fight for same-sex marriage in the state. In simple terms, Proposition 8, which was passed by voters in the November election, defines the word "marriage" in California to be a union between a man and a woman. It prevents a union between a same-sex couple…
Read MoreSame Sex Marriages Gradually Gain Legal Ground
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…
Read MoreIowa Supreme Court Overturns Ban on Same-Sex Marriage
A recent article in covered the historic Iowa Supreme Court ruling that marriage no longer is limited to one man, one woman. The unanimous 69-page decision maintains a church’s right to decide who can be married under its roof, but it runs counter to the expressed opinion of a majority of Iowans who believe marriage is defined as the union of one man and one woman. Iowa is one of…
Read MoreCalifornia Annulment of Invalid Marriage or Domestic Partnership
In order to adjudge a marriage or domestic partnership invalid, one must petition the court and seek an order for a legal annulment based on the allegation that the marriage/domestic partnership is "void" or "voidable." This area of law is governed under the California Family Code Section 2200 et seq. A "void" marriage is invalid and a nullity from the beginning. Though technically non-existent, it is still a good idea…
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