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November 04, 2010
  Savannah to Give Rights to Domestic Partners
Posted By Claery & Green

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 partnershipContact Claery & Green to speak with a Los Angeles family law attorney.

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October 27, 2010
  Benefits of Domestic Partnerships
Posted By Claery & Green

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

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July 22, 2010
  Domestic Partnership Frequently Asked Questions
Posted By Claery & Green

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.

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February 26, 2010
  Arrest Warrant Issued in Lesbian Custody Dispute
Posted By Claery & Green

A Vermont judge has issued an arrest warrant for a woman involved in a same-sex custody battle.

Janet Jenkins asked the court for help after her former partner, Lisa Miller, disappeared with their daughter Isabella. After Jenkins and Miller separated, Miller renounced homosexuality, became an evangelical Christian, and disappeared with their daughter.

Vermont Judge William Cohen found Miller in contempt of court after she failed to appear at a custody hearing.

Miller and Jenkins were joined in a civil union in Vermont in 2000. In 2002, Isabella was born to Miller but was considered both women's daughter. When the couple separated in 2003, Miller moved to Virginia. Initially, custody was awarded to Miller and Jenkins was given liberal visitation rights. But after Miller denied Jenkins access to the girl, Judge Cohen ordered a switch in custody.

A custody hearing was scheduled for January 1 to address the situation, but Miller and Isabella did not appear.

Involved in Child Custody Dispute?

At Claery & Green, we devote a large portion of our practice to domestic partnership and same-sex rights and issues. If you are involved in a custody dispute with an ex-partner, you can depend on an attorney at the firm to protect your rights and interests and help you advocate your case. We understand how important it is to continue to see and spend with your children, and are committed to doing whatever is necessary to ensure your case ends in a settlement that meets your needs and satisfaction.

If you are in need of a Los Angeles child custody attorney who has experience in same-sex child custody cases, contact Claery & Green today to schedule a consultation!

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