A San Jose family law attorney explains domestic partnership
A Sacramento mother accused of drowning her 3-year old daughter had undergone a host of personal issues within the last year including allegations of domestic violence, divorce and bankruptcy. Added to her legal troubles are charges of murder and an alleged immigration violation.
Anul Ram filed for bankruptcy in 2008 with her debts more than doubling her assets. From the court filings it appears that most of her financial issues were related to property co-owned with her ex-husband. During that same time period she filed for divorce from her husband.
San Jose Bankruptcy Attorney comments downward spiral of former NFL quarterback Bernie Kosar into divorce and bankruptcy.
According to media reports, former NFL star Bernie Kosar’s life after football has spiraled downward into a series of failed business ventures, divorce and bankruptcy. The former University of Miami and Cleveland Browns star quarterback’s wife filed for divorce in 2007 alleging that Kosar was acting irrationally and giving away their money. Kosar filed for Chapter 11 bankruptcy protection in June. Chapter 11 is typically used for business reorganization during bankruptcy, but it is also used by high net worth individuals who exceed the asset limits for Chapter 13 bankruptcy.
Kosar listed assets between $1 million and $10 million and debts between $10 million and $50 million. Included in his list of creditors are more than $3 million owed to his wife as part of their divorce property settlement. He also has a $4.2 million judgment from a bank, $1.5 million owed to the Cleveland Browns, and $725,000 owed to the owner of the Cleveland Gladiators.
San Jose Family Law Attorney explains how judges may consider your financial situation, including bankruptcy, when establishing domestic support in a divorce.
If you are going through a divorce, you should know that judges can take a wide range of factors into consideration when establishing domestic support obligations, such as child support and spousal support or alimony. Whether you are the custodial parent or non-custodial parent, here are some thoughts to keep in mind.
Income plays a large role in determining support. If there is a significant income disparity between the parents, the one with the lower income may receive support, especially in the cases of split-custody, or where the lower-earning parent is the custodial parent. The family’s standard of living prior to the divorce is considered, as are the number of children and any special needs the children may have.
San Jose Family Law Attorney explains how divorce and bankruptcy are often intertwined for couples.
Financial stress is a leading cause of divorce, and during this very difficult economic period, many individuals and couples are contemplating filing for Chapter 7 or Chapter 13 bankruptcy protection. Depending on your situation, one of both members filing for bankruptcy before you file for divorce may alleviate some of the financial stress on the family.
A married person filing individually for bankruptcy may make sense in certain situations. If a majority of the debts are in one person’s name, there may be enough debt relief in the individual bankruptcy filing to remove the financial stress from the relationship. Examples might include a self-employed individual or business owner who has personally guaranteed debts for the business. Even if the business files for a Chapter 7 liquidation or a Chapter 11 reorganization, the business owner may be personally liable for the business debts, depending on the loan agreement that was signed. If the couple is living together, the court will want to know the spouses income and assets, but relieving one person’s debts may be enough to give the couple breathing room.
Fremont Divorce Attorney Discusses an Exception to the Rule
People magazine reports that the Countess LuAnn de Lesseps divorce is now complete. The process was relatively expedient, given the high amount of assets and issues involved. The Count and Countess dissolved their union after 16 years of marriage and producing two children, Victoria, age 14 and Noel, age 12. Although the full details have not been disclosed, it appears that the Countess has received a very generous spousal and child support award, primary custody of the two minor children, and a $7.5 million estate in the Hamptons. She even gets to keep her title! This relatively simple resolution of their marital issues is certainly not the norm, especially in the current economic climate.
In California, couples that have decided to end their marriage are currently often faced with the consequences of short-selling or allowing their homes to go into foreclosure because neither spouse can afford to maintain the mortgage payment on one income. The inability to sell the family home for a profit creates a severe hardship for parents hoping to use equity from their home to start over. This often leads to increased demands for spousal and child support, which creates additional acrimony in an already difficult situation.
Sacramento Divorce Attorney Discusses Domestic Partnerships
Domestic partners are unmarried couples, of the same or opposite sex, who live together and seek economic and noneconomic benefits granted to their married counterparts. In a few states, domestic partnership status is offered and regulated by the state and grants many of the rights and responsibilities of marriage. These include health, dental and vision insurance, sick and bereavement leave, accident and bereavement leave, accident and life insurance, death benefits, parental leave, housing rights and tuition reduction, and even use of recreational facilities.
When a state, municipality, county, organization, private company, or university considers providing domestic partnership benefits, it must address several important issues: Who qualifies as a domestic partner? Should heterosexual couples be covered as well as gay and lesbian couples? How will an employer identify the employee’s domestic partner?
Redwood City Family Lawyer Discusses Proposition 8: Marriage v. Domestic Partnerships
As Californians get ready to vote for president next week, they are also considering whether to vote for or against Proposition 8. Proposition 8 is a constitutional amendment defining marriage as one man and one woman. In 2008, California’s Supreme Court overturned a similar law as being unconstitutional. Currently, gays and lesbians can be married in California. If Proposition 8 passes, gays and lesbians will only be able to obtain domestic partnerships under the laws passed in 2003 and 2005.
You might be wondering what the differences between domestic partnerships and marriages are, so here at Sagaria Law, we’ve decided to post a little primer, so you can make an informed decision for yourself about whether the two are equal or unequal, and if that makes a difference in your vote.
The Boston Globe reports that the Boston-based legal advocacy group, Gay & Lesbian Advocates & Defenders (GLAD) that helped legalize same sex marriage in Massachusetts is gearing up for a fight to expand rights to same-sex married couples. A spokeswoman for the group that won the landmark 2003 Massachusetts state Supreme Judicial Court case legalizing gay marriage, stated that GLAD is taking aim at the federal Defense of Marriage Act of 1996 (DOMA). GLAD spokeswoman states that the group is targeting the provision of DOMA that denies federal recognition of wedded same-sex couples and is not trying to expand gay marriage beyond the traditionally liberal New England. GLAD has not stated whether they will file a lawsuit or urge Congress to repeal DOMA. However, for more than a year, GLAD has been surveying same-sex couples who have wed in Massachusetts to see whether they want federal benefits currently provided only to married heterosexual couples, including Social Security, payments to families of public safety officers killed in the line of duty, burial in Arlington cemetery, and family leave under federal law.
The Defense of Marriage Act, states that no state need recognize gay marriage from another state and denies hundreds of federal benefits to same-sex spouses. Therefore, California need not, and does not, recognize the marriage of same-sex couples. Although same-sex couples in California can register as domestic partners and receive state-level benefits, California does not yet recognize a marital union in the legal sense between same-sex couples states San Jose family law attorneys. The California Supreme Court is considering challenges to the constitutionality of law prohibiting same-sex marriage in the state, however, as of September 2007, the Court has not yet calendared the matter for oral argument.
Lacy Woo and Christy Chung, the same-sex couple whose names are on all of the arguments in California’s same-sex marriage court case, are ending their relationship. They have requested that their names be struck from the lawsuit challenging California’s marriage statutes. The two women say they remain advocates for same-sex marriages.
Prior to separating the two women were domestic partners that had been together for 18 years. They have daughter together.
Terminating A Domestic Partnership:
Terminating a registered domestic partnership ends the partnership and makes both persons legally un-partnered persons. Each person will no longer have the rights, protections, benefits, obligations, and responsibilities that they do as registered domestic partners.