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| Same Sex Marriages |
On May 15, 2008, the Supreme Court of California ruled that there is a fundamental constitutional right of an individual to marry a person of his or her choosing. The right encompasses the freedom of individuals to establish a home, raise children, and create a stable life for a legally recognized family. Thus, the Supreme Court reasoned, the issue is not simply the right to enter into a certain kind of relationship, rather, it is the fundamental right to personal autonomy that applies to all individuals regardless of their gender or sexual orientation, and that should be free from interference or abrogation by the government.
As a result of this landmark decision, the California Constitution’s provisions regarding the right to marry guarantee same-sex couples the same rights as opposite-sex couples to choose a life partner and to enter into committed, officially recognized, and protected family relationships that enjoy all of the rights, benefits, and obligations of marriage and dissolution, including the following:
1. Child support
2. Child custody and visitation
3. Spousal Support
4. Retirement Benefits
5. Health Benefits
6. Division of Property
At this time, only two states recognize same-sex marriage, Massachusetts and now California. What that means is that California now has an influx of same-sex couples from other states getting married in California. Unfortunately, however, since same-sex marriages are not recognized in 49 of the States, you would have to return to California to file for divorce. |
| Registered Domestic Partners |
As of May 15, 2008, you do not need to dissolve an existing registered domestic partnership before getting married to the same person in California. There is one important difference, however. The characterization of your community property rights and other marital rights generally will be considered as of the date your domestic partnership was registered, not the date of marriage. There is an exception that “may” apply if you made a written agreement that changes your rights (similar to a premarital agreement.
If you or your partner gave birth to a child while registered, the child is presumed to be the child of you and your registered partner. Similarly, if you or your partner dissolve your marriage, the duration of spousal support may predate your marriage by the time-period you were registered domestic partners. |
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| Backes & Associates offers excellent professional services in all aspects of Family Law including Divorce, Legal Separation, Domestic Partnerships, Child Custody and Visitation, Child Support, Spousal Support, Domestic Violence, Restraining Orders, Division of Property, Grandparent Rights, Premarital Agreements, Paternity and Adoptions. |
| Serving San Diego County, including North County, East County, and South County and, specifically including, the following areas: Pacific Beach, La Jolla, Bird Rock, Del Mar, Solana Beach, Cardiff, Encinitas, Rancho Santa Fe, Olivenhaim, La Costa, Carlsbad, Fairbanks Ranch, Oceanside, Vista, San Marcos, Escondido, Fallbrook, Rancho Bernardo, Rancho Peñasquitos, Mira Mesa, Poway, Point Loma, Coronado, Downtown, Miramar, Imperial Beach, Sorrento Valley, Carmel Valley, Temecula, Ramona, Alpine, El Cajon, Spring Valley, Chula Vista, San Ysidro, Julian, Clairemont, Lakeside, Jamul, Golden Hill, North Park, South Park, Hillcrest, Mission Hills,University City, UTC, Ocean Beach, Mission Beach, Scripps Ranch, Bonita, Borrego Springs, Valley Center, Lemon Grove, La Mesa, College Area, Linda Vista, Allied Gardens, San Carlos, Santee, Eastlake, Bonsall, Murrieta, San Clemente, San Juan Capistrano, Laguna Niguel, Mission Viejo, Lake Forest, Aliso Viejo, Dana Point, Orange County and Riverside County. |
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| DISCLAIMER: |
| The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation. Neither this web site nor its contents create an attorney-client relationship. |
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