If you are planning on getting married, a premarital, also known as a prenuptial agreement might be something worth considering. California is considered a “community” property state which means the spouse gets half of the property on some automatic basis. A premarital agreement overrides that presumption and keeps separate property separate. In California, wages and earnings acquired after the date of marriage (and before the date of separation) are community property. Read more “Premarital Agreement”
California is a “no-fault” divorce state, which by far the most common divorce filing. For the no-fault divorce no specific reason is required to be given other than “irreconcilable differences.” However, other divorce actions can still based on fault. Even the states that recognize the “no-fault” divorce will consider fault when deciding other issues, i.e., property division and spousal support requests. Misconduct like spousal abuse or infidelity can often result in larger property awards and larger spousal support to the abused spouse. Read more “Divorce / Marital Dissolution”
This action can be filed by a married person to restore the parties to the status of unmarried persons, as if they were never married. Certain conditions must be met before the Court will consider the marriage as void or voidable. Regardless of how the case proceeds, the Petitioner, the person who initiated the case, will have the burden to prove to the Court that one of the conditions for nullity has been met before the Court will grant the nullity of marriage. The Court can also issue orders regarding property and debt division, custody and support.
This action can be filed by a married person or domestic partners who wishes to maintain the marital or domestic partnership status but separate and resolve all of other issues of the marriage. The Court will issue orders for custody and visitation of the minor children of the marriage or domestic partnership, child support, spousal support, and confirm or award community and separate property assets and debts. If the other party, Respondent, responds to the paperwork and requests a dissolution, the Court will grant the dissolution. Read more “Legal Separation”
This action can be filed by a married person or domestic partners to end the marital relationship between a husband and wife or domestic partners. Along with restoring the parties to single status, the Court will issue orders for custody and visitation of the minor children of the marriage or domestic partnership, child support, spousal support, and confirm or divide community and separate property assets and debts. Once an action is filed by a Petitioner, the other party, Respondent, must be personally served with specific paperwork. Read more “Dissolution of Marriage”
New Blood Test to Identify Fathers Before Birth
This is such an interesting new development for family law practitioners and parents-to-be.
Steve Ruark for The New York Times
It is an uncomfortable question that, in today’s world, is often asked by expectant mothers who had more than one male partner at the time they became pregnant. Who is the father? Ravgen researcher at the company’s labs in Columbia, Md., last month. It charges $950 to $1,650 for its paternity test. Xin Guo, a Ravgen reseacher. The company’s test was used in a murder investigation, though evidence was not introduced at trial.
With more than half of births to women under 30 now out of wedlock, it is a question that may arise more often. Read more “New Blood Test to Identify Fathers Before Birth”
In a landmark ruling today, the Boston First Circuit Court of Appeals unanimously ruled that the Defense of Marriage Act (DOMA) is unconstitutional because it denies federal benefits to same-sex married couples.
The full decision can be read here: http://www.glad.org/uploads/docs/cases/gill-v-office-of-personnel-management/2012-may-31-gill-v-opm-first-circuit-ruling.pdf?p1=News_links Read more “DOMA Ruled Unconstitutional By Boston Appeals Court (LGBT)”
California Court of Appeal Rules for Same-Sex Partner in Inheritance
Dispute Court Recognizes New Legal Claim for Unmarried Partners Intentionally Deprived of Expected Inheritance
In May 2012 the California Court of Appeal established an important new legal protection for unmarried partners who are wrongfully prevented from inheriting property from each other when one partner dies. The Court of Appeal ruled in favor of the surviving same-sex partner of a deceased Southern California man in a lawsuit alleging that the deceased partner’s sister had intentionally prevented him from signing a will that would have left a share of his property to the surviving partner. The two men were not married and were not registered domestic partners, but had been in a committed relationship for nearly ten years. Read more “California Domestic Partner Ruling”