A substantial step towards recognizing same-sex marriages was taken this week in New Mexico after the Attorney General wrote an opinion about the topic. He believes that same-sex marriages obtained legally in other states should be recognized in New Mexico as well. This essentially means that they would enjoy the same benefits that traditionally married couples would in the state, including public assistance, public and private benefits, and tax benefits.

Same-sex married couples would also be given the right to divorce in the state as well, a right that has not been previously granted to them. This is a major breakthrough as it would allow these couples to apply for dissolution of their marriage, as well as ask for alimony and a portion of the shared finances and property. This would eliminate the need to travel all the way to another state where same-sex marriages are legal just to get a divorce.

If you have questions about domestic partnerships or same sex marriages, contact our legal team to speak with a Los Angeles family law attorney. 

A child custody battle has come to an end in New Mexico this week as the judge ruled against custody in a same-sex partnership. Although the court was decided in the decision-making process, they ruled that there are no laws in New Mexico that give the legal right of the woman asking for custody of a child that was adopted by her partner 15 years ago.

At this time the laws only apply to biological or adoptive parents. Third parties, like the unmarried partner of the adoptive parent, are not able to seek custody.

However, one of the judges, Michael E. Vigil, dissented and said that in cases where a clear parent-child bond has been created, the unmarried partner should be able to seek custody.

The woman was given the right to request visitation with the adopted child.

Do you have questions about child custody? Do you want to seek custodial rights but aren't sure if you are legally eligible?  A Los Angeles family lawyer from Claery & Green can help.  Contact us now!

25 years after Berkeley, California became the first city to give benefits to domestic partners, another city follows suit this week. It was an unanimous vote for the Savannah City Council when they approved their new policy for city employees.

In order to be eligible under this new plan, the two partners must have shared the same residence for at least one year as well as the financial responsibility of living together. They must also offer proof of partnership. While this is a big measure, the effects will be pretty small right now. Based on the staff size the new plan should only cost the city about $100,000 more per year, based upon how many people take advantage of it.

However, not everyone in Savannah agreed with the council's decision, like Jean Levens, who stated that "They seem to be saying that domestic partnerships or roommates are a form of marital status and I don't agree with that." Alderman Tony Thomas believes that the city is simply advancing itself and is providing an equal experience of employment and its benefits for city workers.

The new plan will come into effect as of January 1, 2011.

Have questions pertaining to a domestic partnership?  Contact Claery & Green to speak with a Los Angeles family law attorney.

While there are many benefits in common that a domestic partnership shares with a marriage, there are a few important differences that you should be aware of when filing for a domestic partnership.

You must share a residence with your partner in order to be considered eligible for a domestic partnership. Both parties must be at least 18 years old to qualify. In the state of California couples who are seeking marriage have the option to file for a confidential marriage while those opting for a domestic partnership cannot. A confidential marriage is a legal course wherein the couple chooses to not have their marriage be on the public record, nor do they require witnesses to be present at the ceremony.  Spouses of state employees are automatically eligible for CalPERs, the state's long-term care insurance plan, while domestic partners are not.

There is currently legislation waiting to be passed called AB 2700 that would make the normally expensive and complex process of dissolving a domestic partnership easier. It passed the Assembly Judiciary Committee on April 13, the Appropriations Committee on the 21st, the full assembly on May 6, and the Senate Judiciary Committee on June 22. The final step will be for AB 2700 to pass the Senate Appropriations Committee.

Have questions about domestic partnerships?  Contact Claery & Green today to speak with a Los Angeles family lawyer. 

Below, you will find a few commonly asked questions related to domestic partnership in the state of California:

If I live in California, how do I register my domestic partnership?
In the state of California, same-sex partners and couples with one partner who is 62 years of age or older are eligible for domestic partnership registration.  Couples may register with the state by completing a Declaration of Domestic Partnership Form NP/SF DP-1.  Both signatures on the application must be notarized and a fee will be payable to the Secretary of State. 

Will I have to re-register as laws change and affect domestic partnerships?
In the past, domestic partners have not been required to re-register as laws have changed.  However, it is hard to predict what may happen in the future.   In the event that re-registration is required, it is always a wise idea to make sure your address is current with the Secretary of State to ensure you are kept informed.

How can I terminate my domestic partnership?
In order to terminate a domestic partnership in California, you will have to initiate a dissolution proceeding with the Superior Court.  This can be accomplished on your own or with the help of a family law attorney. 

If you have additional questions related to domestic partnership in California, contact Claery & Green to speak with a Los Angeles family lawyer.

If you are involved in a same-sex relationship or are 62 years of age or older, you should know that here are numerous domestic partnership benefits in the state of California.  Some of the benefits include:

§  the ability to use step-parent adoption procedures.  Domestic partners that are registered have the ability to go through the same adoption proceedings as those used by step-parents.

§  the ability to have child custody of children of domestic partners.  If parents are registered as domestic partners, the laws of California assume that domestic partners are parents.

§   the ability to make medical decisions for your partner and the right to visit your domestic partner in the hospital.

§  the ability to inherit property if your domestic partner dies before he or she has created a will.

§  the ability to use sick leave to care for a domestic partner or even a domestic partner's child.

These are just some of the many benefits that domestic partners get to enjoy.  If you would like to learn more about domestic partnership and your rights, contact a Los Angeles family law attorney!

When registered domestic partners decide to separate or terminate their domestic partnership, they should speak with an attorney about their rights to palimony, also referred to as “ Marvin Actions.” Palimony works very much the same way as spousal support.

As with traditional marriages, sometimes in a domestic partnership one spouse stays home to care for the family. Other times both partners are working, but one spouse clearly is the bread winner. In these types of situations it is particularly important to speak with a California domestic partnership attorney at Claery & Green. You may be entitled to palimony and a lawyer at our office can advocate your legal rights and represent your interests. The courts like to ensure both parties are able to maintain the same standard of living they shared during their relationship, which means if one partner makes significantly less money, the higher-earning partner may be ordered to support the other.

Whether you are the one seeking support or your ex-partner is seeking support from you, an attorney at Cleary & Green can represent you during any legal proceedings and help you secure a palimony settlement that suits your financial interests. Our goal is not to break the bank on anyone, but rather help our clients reach a settlement with their partner that ensures both parties are financially sound going into the future.

Contact Claery & Green today for more information about Marvin Actions.