Many couples rushed at the chance to get married when Massachusetts passed a law allowing same-sex marriages back in 2004. From all over the country, couples flew to Massachusetts, staying only long enough to get married before returning to their home states. Unfortunately, just like many heterosexual marriages, things don’t always work out and many same-sex partners have decided to go their separate ways. This is where some same-sex couples are running into a problem.
If the state where a same-sex couple resides still does not recognize same-sex marriages, then the couple cannot get divorced. The obvious rationale is you can’t get divorced if you are not legally married.
In order to get legally divorced, a same-sex couple must seek a divorce in a state where the union is recognized. Most if not all states require residency for a minimum period of time before you can seek a divorce.
So, if a couple weds in Massachusetts but lives in Mississippi and they later decide to call it quits, they are typically stuck in the legal union, at least until they devise a solution to the lack of jurisdiction problem so they can get divorced in a same-sex marriage state.
Thankfully, California provides an option for same-sex couples who got married in California but now live in another state.
Same-sex married couples who got married in California but now live in another state that does not recognize same-sex marriages can file for divorced in California, despite California’s standard residency requirements for divorce.
If you need assistance getting divorced from your same-sex spouse, contact us to learn more about the filing requirements and limits on the court’s jurisdiction.
At the Law Offices of Judy L. Burger, we aggressively pursue the best outcome for you in your divorce or custody proceedings. Judy L. Burger is known for her effective representation of clients in complex family law cases in and around the San Francisco Bay and Sacramento areas. If you are a parent facing a divorce or custody dispute, call us today to learn more about how we can help. Call (415)293-8314 in the San Francisco Bay area or (916)631-1935 in the Sacramento area, or contact us online via our confidential inquiry form. A Problem Same-Sex Couples May Not Have Considered
Many couples rushed at the chance to get married when Massachusetts passed a law allowing same-sex marriages back in 2004. From all over the country, couples flew to Massachusetts, staying only long enough to get married before returning to their home states. Unfortunately, just like many heterosexual marriages, things don’t always work out and many same-sex partners have decided to go their separate ways. This is where some same-sex couples are running into a problem.
If the state where a same-sex couple resides still does not recognize same-sex marriages, then the couple cannot get divorced. The obvious rationale is you can’t get divorced if you are not legally married.
In order to get legally divorced, a same-sex couple must seek a divorce in a state where the union is recognized. Most if not all states require residency for a minimum period of time before you can seek a divorce.
So, if a couple weds in Massachusetts but lives in Mississippi and they later decide to call it quits, they are typically stuck in the legal union, at least until they devise a solution to the lack of jurisdiction problem so they can get divorced in a same-sex marriage state.
Thankfully, California provides an option for same-sex couples who got married in California but now live in another state.
Same-sex married couples who got married in California but now live in another state that does not recognize same-sex marriages can file for divorced in California, despite California’s standard residency requirements for divorce.
If you need assistance getting divorced from your same-sex spouse, contact us to learn more about the filing requirements and limits on the court’s jurisdiction.
At the Law Offices of Judy L. Burger, we aggressively pursue the best outcome for you in your divorce or custody proceedings. Judy L. Burger is known for her effective representation of clients in complex family law cases in and around the San Francisco Bay and Sacramento areas. If you are a parent facing a divorce or custody dispute, call us today to learn more about how we can help. Call (415)293-8314 in the San Francisco Bay area or (916)631-1935 in the Sacramento area, or contact us online via our confidential inquiry form. 
When someone files a credible report regarding a child in danger, an investigation must be conducted by either a social worker or the police. They will decide if the child appears to be in imminent danger and whether it is necessary to remove the child from his or her home.
Police or the social workers may decide that a child should be placed in temporary foster care for his or her safety if they believe the child was neglected, molested, or abused. The child may be sent to live with a relative, to the other legal parent if the parents do not live together, or to a foster home or shelter.
Once a child is removed from the home, social services should conduct a deeper investigation about the home environment, the parent or other caretakers, and the child. After an investigation, social services will make recommendations regarding what action they consider to be best for the child’s safety and personal wellbeing. They may recommend filing a petition in court to have a child declared “dependent.”
If you believe you have been wrongfully targeted by social services and need someone on your side to fight for you and your child, seek the help of an experienced family law attorney as soon as possible. A delay could be used against you by social services later.
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Child support is an amount of money a court orders either one parent or both parents to pay every month to help pay for the care of their child or children. Child support is normally ordered after a petition for divorce is filed, and usually the non-custodial parent pays child support to the custodial parent.
Establishing Paternity
Emancipation is a legal way for a child to become an adult before reaching the age of adulthood, which in California is eighteen years. Once a child is emancipated, his or her parents do not legally have custody or control of him or her any longer.
Children who are emancipated lose the right to be supported by their parents, but they have the freedom to make their own choices regarding medical care, applying for a work permit, signing up for school or college, and living where they choose. Emancipated or not, children of mandatory school age must continue going to school.
There are basically three ways to become emancipated. Getting married or joining the U.S. Armed Forces will have the effect of emancipation, but both require a parent’s consent.
The third way for a child to become emancipated is to obtain a judicial declaration of emancipation. There are several requirements a child must fulfill before a court will grant emancipation, so it is best to proceed with the help of a qualified family law attorney if court is the only viable option.
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Adopting a stepchild or domestic partner’s child is a fairly common milestone for many families. Adoption has the effect of uniting a family while legally terminating the parental rights of a birth parent who has little or no involvement in the child’s life.
In many cases, the uninvolved birth parent will consent to an adoption. It is also possible to carry out an adoption without his or her consent. Allowing an adoption without a parent’s consent is a serious matter, so a court will not proceed until the uninvolved birth parent has had a chance to present his or her objections.
If possible, one way to speed up an adoption case is to get the uninvolved birth parent’s written consent to the adoption. If written consent is not possible, then the prospective adoptive parent must locate the uninvolved birth parent and provide a last known address to the court.
If the uninvolved birth parent cannot be located, the prospective adoptive parent must convince the court that he or she made a good faith effort to find the uninvolved parent and notify him or her of the adoption proceedings.
A stepparent or domestic partner adoption should be a joyful time for your family. Talk to an attorney experienced in California family law to help make sure the process goes as smoothly as possible, without any unexpected surprises along the way.
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