The traditional definition of an American family has shifted dramatically after the United States Supreme Court issued two landmark decisions relating to the issues of same sex marriage equality in the cases of United States v. Windsor and Hollingsworth v. Perry. These rulings will drastically change various areas of the law.
In family law, it will change adoption of children by same-sex parents, parentage actions, guardianship actions, the ability to marry a member of the same sex, and divorce/dissolution proceedings. In addition to these changes, same sex married couples should review their retirement and health plans, as well as, as their estate plans and tax filings to ensure their partners are also being covered under the new benefits now available to them. Federal employees and military spouses should also review their employment benefits package to take advantage of the newly available federal benefits.
In United States v. Windsor, the Court held that the Federal Statute labeled as the "Defense of Marriage Act" (commonly referred to as DOMA) is in violation of the Fifth Amendment of the United States Constitution. More specifically, the court ruled unconstitutional the Defense of Marriage Act's Section 3, which defines marriage as the union of one man and one woman only for purposes of over 1,000 federal laws and regulations. Justice Kennedy, who delivered the opinion of the Court states,
DOMA writes inequality into the entire United States Code. The particular case at hand concerns the estate tax, but DOMA is more than a simple determination of what should or should not be allowed as an estate tax refund. Among the over 1,000 statutes and numerous federal regulations that DOMA controls are laws pertaining to Social Security, housing, taxes, criminal sanctions, copyright, and veterans' benefits.
Thus, the Court ruled that Section 3 of DOMA violates the equal protection rights of same-sex married couples. This means that same-sex couples cannot be denied the same federal benefits granted to heterosexual married couples.
In Hollingsworth v. Perry, the Court addressed the constitutionality of California's Proposition 8. Chief Justice Roberts drafted the opinion of the court in another 5 to 4 decision. California's Proposition 8 was adopted by the state's voters in an election that occurred in November of 2008, in which 52.3% of California voters approved the ballot measure, which made same-sex marriage illegal in California. This change presented another major change in California family law.
On June 26, 2013, the Court held that sponsors of Proposition did not have a standing, or the legal right to appeal district court's order invalidating the ban. Thus, the Court dismissed the case on the grounds of inadequate standing and the case was remanded back to the lower court with instructions to dismiss the appeal for lack of jurisdiction. Since the lower court had already declared Proposition 8 to be unconstitutional, the decision is has cleared the way for gay marriages to resume in the State of California.
Kamis, 23 November 2017
Kamis, 09 November 2017
Call in the Professionals for Assistance With Family Law
Family law can be quite complex which is why it is best to consult a team of family solicitors when you need the best advice. If you are looking to find an ethical approach to your divorce and minimise the damage caused to your partner or children a team of family solicitors can assist. The law relating to families requires a solicitor to put their clients at the centre of their focus, ensuring they are informed to make future-focused decisions and have access to relevant information and assistance in understanding legal jargon and paperwork.
Family solicitors are experts in family law and provide tailor-made solutions that comply with all legal regulations. Clients working in conjunction with family solicitors are more likely to find the right solution to their problems ensuring that agreements are reached quickly and without too much heartache.
If you are going through a tough divorce and need help with financial or legal matters, family solicitors can assist with all aspects of family law and are best placed to give you up to date advice to ensure you get a good deal and come out the other side relatively unscathed. Where children are concerned it is important to protect their interests wherever possible to limit the trauma suffered by a divorce or break-up. Specialist family solicitors, family consultants and mediators can assist in all forms of family law giving you advice and assistance where and when you need it.
Family solicitors deal with judges, lawyers, clients and professional experts on a daily basis and can assist with child custody cases, divorce cases, financial rights cases and many more besides. Whatever problem you are facing there is always a family law expert who can put you in the right direction so that you stop worrying and start to make the decisions that will help you move on with your life, gain custody of your children or obtain what is rightfully yours.
The extensive experience of a team of family solicitors will ensure a quick result with as little emotional pain as possible. Family law can be quite daunting so consulting a family solicitor can offer you peace of mind that you are resolving your family dispute or disagreement with the help of somebody in the know. Finding a team of family solicitors who understand all aspects of family law is easy especially if you have access to the Internet. Look for a company who specialises in all areas of the law relating to a family and who has years of experience. A good family law company will ensure you are treated with the utmost in sensitivity and understanding to help you through difficult times or court proceedings.
Family solicitors are experts in family law and provide tailor-made solutions that comply with all legal regulations. Clients working in conjunction with family solicitors are more likely to find the right solution to their problems ensuring that agreements are reached quickly and without too much heartache.
If you are going through a tough divorce and need help with financial or legal matters, family solicitors can assist with all aspects of family law and are best placed to give you up to date advice to ensure you get a good deal and come out the other side relatively unscathed. Where children are concerned it is important to protect their interests wherever possible to limit the trauma suffered by a divorce or break-up. Specialist family solicitors, family consultants and mediators can assist in all forms of family law giving you advice and assistance where and when you need it.
Family solicitors deal with judges, lawyers, clients and professional experts on a daily basis and can assist with child custody cases, divorce cases, financial rights cases and many more besides. Whatever problem you are facing there is always a family law expert who can put you in the right direction so that you stop worrying and start to make the decisions that will help you move on with your life, gain custody of your children or obtain what is rightfully yours.
The extensive experience of a team of family solicitors will ensure a quick result with as little emotional pain as possible. Family law can be quite daunting so consulting a family solicitor can offer you peace of mind that you are resolving your family dispute or disagreement with the help of somebody in the know. Finding a team of family solicitors who understand all aspects of family law is easy especially if you have access to the Internet. Look for a company who specialises in all areas of the law relating to a family and who has years of experience. A good family law company will ensure you are treated with the utmost in sensitivity and understanding to help you through difficult times or court proceedings.
Jumat, 27 Oktober 2017
Family Law And The Desirable Attributes In A Family Attorney
Family law is an overarching term that be used to describe all legal discussions related to issues that come up with a family and have reached a point where a legal resolution is the only way out. Family issues that come under family law are issues such as marriages that have reached their end point, live in relationships that are going down, legally disowning a family member and so on.
Other issues that also come under the family lawyers are issues related to child custody, which almost always gets to be its own big discussion because it usually involves two people who are separated but need to share a person. It is fairly complicated!
Family Lawyers
Family lawyers will vouch for the fact that family cases can get downright complicated and long winding because two people who were formerly inseparable have decided go separate ways. Obviously, during the course of the relationship both the parties involved would have achieved a lot of things, suddenly an argument is being made as to what belongs to whom, who gets what and why? Putting it as simply as possible, there isn't a straight forward solution to any of this.
This is why choosing a good divorce lawyer is very important. When a person walks into a family lawyer's office, he or she is under a tremendous amount of emotional stress. So, the chosen lawyer must be in a position to appreciate and understand that and interact accordingly. The divorce lawyer should be able to understand that he is going to be involved with clients who are emotionally drained and yet give solid legal and sensible advice. That means one has to choose divorce lawyers who can be sensitive but also act logically under the circumstances.
Avoiding Pretend Family Lawyers
Probably the most expected characteristic of a legal representative is that he or she is not judgmental. Whenever there is a family issue, there are a lot of things that a client would be sharing with his lawyer and the last thing they want is for their own family lawyer to pass judgment on what they have done or did not do! If that does happen, the client is going to be horrified and the chances are pretty good that the lawyer is going to be out of business. So, having a neutral lawyer is very important for the client-lawyer relationship to go ahead.
Other issues that also come under the family lawyers are issues related to child custody, which almost always gets to be its own big discussion because it usually involves two people who are separated but need to share a person. It is fairly complicated!
Family Lawyers
Family lawyers will vouch for the fact that family cases can get downright complicated and long winding because two people who were formerly inseparable have decided go separate ways. Obviously, during the course of the relationship both the parties involved would have achieved a lot of things, suddenly an argument is being made as to what belongs to whom, who gets what and why? Putting it as simply as possible, there isn't a straight forward solution to any of this.
This is why choosing a good divorce lawyer is very important. When a person walks into a family lawyer's office, he or she is under a tremendous amount of emotional stress. So, the chosen lawyer must be in a position to appreciate and understand that and interact accordingly. The divorce lawyer should be able to understand that he is going to be involved with clients who are emotionally drained and yet give solid legal and sensible advice. That means one has to choose divorce lawyers who can be sensitive but also act logically under the circumstances.
Avoiding Pretend Family Lawyers
Probably the most expected characteristic of a legal representative is that he or she is not judgmental. Whenever there is a family issue, there are a lot of things that a client would be sharing with his lawyer and the last thing they want is for their own family lawyer to pass judgment on what they have done or did not do! If that does happen, the client is going to be horrified and the chances are pretty good that the lawyer is going to be out of business. So, having a neutral lawyer is very important for the client-lawyer relationship to go ahead.
Rabu, 04 Oktober 2017
10 Relationship Situations That Call For A Family Law Solicitor
Relationships are tricky. In an ideal world, love would conquer all and there would be no need for legal support at all. But unfortunately, adult relationships aren't like that. Even in positive situations, there will be situations that will need to be addressed in a professional and efficient manner. Then, of course, there are the negative situations where emotions can make it difficult to resolve important matters without the advice and guidance of an expert family law solicitor.
1. Cohabitation - It's not uncommon for couples to want to live together without (or even before) getting married. However, there remains some confusion over the financial implications for the relationship. With that in mind, a family law solicitor will often be required to help the couple find the most suitable solution.
2. Pre-marital agreements - When a couple decide to get married, sitting down to discuss what would happen if you spit up is a fairly unromantic notion. However, doing so represents a sensible decision, particularly as many relationships break down, even after many years. A family law solicitor will sit down with you both to discuss that eventuality and make sure you know what you're agreeing to and are happy with the decision.
3. Civil partnerships - For couples entering or separating from a civil partnership, there are many similarities and many differences in terms of the legal implications, both domestically and financially. By talking to a family law solicitor, they can better understand their entitlements and responsibilities.
4. Divorce - If a married couple calls time on their relationship, it will be important to get legal advice and support to ensure the process is resolved quickly. Whether the break-up is amicable or not, a divorce solicitor can be an invaluable support in knowing what is expected of them and to protect their rights.
5. Separation - Even if a couple is not married, there may still be some legal issues to sort out - especially if they have children together or co-own property. A family law solicitor will help them to understand what they are entitled to and what they are required to do.
6. Child custody - In unfortunate circumstances where an amicable agreement cannot be reached over child support or custody, a family law solicitor will be required to help resolve the situation in a way that benefits the child and protects the parent's rights.
7. Property and possessions - Another frequent bone of contention can be property and possessions. Where a couple co-own valuable items, such as a family home, both parties will have rights that need to be upheld. Solicitors will ensure this is the case.
8. Financial planning - Coming out of a long-term relationship can be very stressful, not least of all due to the financial restraints that often arise due to child support payments, having to find a new home or other costs. A family law solicitor is there to help people plan for the future.
9. Creating a will - For couples that get married, it will often be sensible to make a Will. This will ensure that, in the event of one of them dying, all beneficiaries are declared. If the couple own property together or have a joint bank account, it may be prudent for them to put in writing their wishes.
10. Updating a will - If a couple get divorced, their former partner may still be eligible to their assets were they do die. For that reason, it may be sensible to have a new Will drawn up following the relationship break-up.
1. Cohabitation - It's not uncommon for couples to want to live together without (or even before) getting married. However, there remains some confusion over the financial implications for the relationship. With that in mind, a family law solicitor will often be required to help the couple find the most suitable solution.
2. Pre-marital agreements - When a couple decide to get married, sitting down to discuss what would happen if you spit up is a fairly unromantic notion. However, doing so represents a sensible decision, particularly as many relationships break down, even after many years. A family law solicitor will sit down with you both to discuss that eventuality and make sure you know what you're agreeing to and are happy with the decision.
3. Civil partnerships - For couples entering or separating from a civil partnership, there are many similarities and many differences in terms of the legal implications, both domestically and financially. By talking to a family law solicitor, they can better understand their entitlements and responsibilities.
4. Divorce - If a married couple calls time on their relationship, it will be important to get legal advice and support to ensure the process is resolved quickly. Whether the break-up is amicable or not, a divorce solicitor can be an invaluable support in knowing what is expected of them and to protect their rights.
5. Separation - Even if a couple is not married, there may still be some legal issues to sort out - especially if they have children together or co-own property. A family law solicitor will help them to understand what they are entitled to and what they are required to do.
6. Child custody - In unfortunate circumstances where an amicable agreement cannot be reached over child support or custody, a family law solicitor will be required to help resolve the situation in a way that benefits the child and protects the parent's rights.
7. Property and possessions - Another frequent bone of contention can be property and possessions. Where a couple co-own valuable items, such as a family home, both parties will have rights that need to be upheld. Solicitors will ensure this is the case.
8. Financial planning - Coming out of a long-term relationship can be very stressful, not least of all due to the financial restraints that often arise due to child support payments, having to find a new home or other costs. A family law solicitor is there to help people plan for the future.
9. Creating a will - For couples that get married, it will often be sensible to make a Will. This will ensure that, in the event of one of them dying, all beneficiaries are declared. If the couple own property together or have a joint bank account, it may be prudent for them to put in writing their wishes.
10. Updating a will - If a couple get divorced, their former partner may still be eligible to their assets were they do die. For that reason, it may be sensible to have a new Will drawn up following the relationship break-up.
Sabtu, 23 September 2017
Divorce Help From Experienced Family Law Attorneys
When going through a divorce, many find that the process is often muddled with various legal steps they know nothing about. Finding the appropriate divorce help is crucial to those going through a divorce, as an experienced family law attorney has assisted many people in making the process much smoother for themselves.
An attorney may offer advice regarding when and where to file, how to best protect one's assets and/or rights and how to reach a fair settlement. Speaking with a qualified family law attorney is important in having one's questions and concerns addressed, and many law firms offer free consultations.
An attorney may offer advice to those who believe their spouse will file for divorce in another state. The travel expenses one may rack up in this case can be extremely costly. An attorney may best advise their client on how to handle such a situation or how to avoid this scenario all together.
Having a qualified legal representative by their side has allowed many people to protect their rights and themselves while going through divorce proceedings. As many people are on a budget when getting divorced, many law offices will discuss their client's budget in reaching a workable plan.
There are several issues that frequently arise in a divorce. Assistance through this process is crucial in many cases to reaching a fair settlement that respects the wishes of both parties. Issues such as child custody, child support, spousal support and dividing a couple's assets are often prominent in discussing a divorce agreement.
With experienced and knowledgeable representation, many people have successfully avoided being taken advantage of by a former spouse. As each state has different laws regarding divorce, child support and other issues common in a divorce case, it is important to seek divorce help from a family law attorney experienced in the state.
An attorney may offer advice regarding when and where to file, how to best protect one's assets and/or rights and how to reach a fair settlement. Speaking with a qualified family law attorney is important in having one's questions and concerns addressed, and many law firms offer free consultations.
An attorney may offer advice to those who believe their spouse will file for divorce in another state. The travel expenses one may rack up in this case can be extremely costly. An attorney may best advise their client on how to handle such a situation or how to avoid this scenario all together.
Having a qualified legal representative by their side has allowed many people to protect their rights and themselves while going through divorce proceedings. As many people are on a budget when getting divorced, many law offices will discuss their client's budget in reaching a workable plan.
There are several issues that frequently arise in a divorce. Assistance through this process is crucial in many cases to reaching a fair settlement that respects the wishes of both parties. Issues such as child custody, child support, spousal support and dividing a couple's assets are often prominent in discussing a divorce agreement.
With experienced and knowledgeable representation, many people have successfully avoided being taken advantage of by a former spouse. As each state has different laws regarding divorce, child support and other issues common in a divorce case, it is important to seek divorce help from a family law attorney experienced in the state.
Senin, 04 September 2017
What Is Parental Alienation and How Does It Pertain to Family Law?
Issue of Parental Alienation
A number family law cases involve parental alienation, however, rarely are children interviewed by a judge, more often a family service worker to discuss which parent they want to reside with along with disclosing their feelings about each parent. While this can be a useful tool for the court system, it can also involve a child repeating negative views or comments about one parent over the other based on misinformation or intent of one parent to alienate the child from the other. There are varying degrees of parental alienation and has been slowly becoming a problem that most people don't know about. It is viewed by some as a form of child abuse. This type of strategy posed by parents can give children an unsettled and emotional traumatic feeling. They may be filled with guilt for many years and some with clearly toxic effects on the relationship between a child and a parent. The courts may intervene if there is blatant or unlawful use of parental alienation, such as physically keeping a child from having contact with a parent.
Family Law Basics
Family law encompasses a wide range of specialties pertaining to divorce and domestic legal issues. Each situation that requires the representation or advice of an attorney is as unique as each family is. While there are certain laws and formulas that are part of the court system to protect assets, future finances, and a family's rights, each case is different. Therefore, the unique factors involved can greatly affect the outcome of any family law case. The necessity for law firms advice or representation crosses all social and economic lines.
What are the Most Common Areas of Family Law?
• Divorce or annulment, including civil unions, domestic partnership, and same sex marriage
• Alimony
• Custody, parental alienation, and child support
• Adoption and paternity
• Spousal or child abuse
• Marriage and prenuptial agreements
Tips for Choosing a Family Law Attorney
There are a significant number of factors to consider when choosing an attorney. It is important to check the professional credentials and licenses of a reputable divorce attorney before hiring them. It is also advisable to factor in that attorney's expertise in family law and their experience as an attorney in general. Professional affiliations can also tell potential clients where a particular lawyer focuses their attention and who they affiliate themselves with. It is also generally advisable to check references and recommendations so as to gauge the likelihood of a favorable outcome. Costs are naturally a factor in deciding on a family law attorney.
Many attorneys offer free consultations to help clients decide which course is best for their individual situation.
A number family law cases involve parental alienation, however, rarely are children interviewed by a judge, more often a family service worker to discuss which parent they want to reside with along with disclosing their feelings about each parent. While this can be a useful tool for the court system, it can also involve a child repeating negative views or comments about one parent over the other based on misinformation or intent of one parent to alienate the child from the other. There are varying degrees of parental alienation and has been slowly becoming a problem that most people don't know about. It is viewed by some as a form of child abuse. This type of strategy posed by parents can give children an unsettled and emotional traumatic feeling. They may be filled with guilt for many years and some with clearly toxic effects on the relationship between a child and a parent. The courts may intervene if there is blatant or unlawful use of parental alienation, such as physically keeping a child from having contact with a parent.
Family Law Basics
Family law encompasses a wide range of specialties pertaining to divorce and domestic legal issues. Each situation that requires the representation or advice of an attorney is as unique as each family is. While there are certain laws and formulas that are part of the court system to protect assets, future finances, and a family's rights, each case is different. Therefore, the unique factors involved can greatly affect the outcome of any family law case. The necessity for law firms advice or representation crosses all social and economic lines.
What are the Most Common Areas of Family Law?
• Divorce or annulment, including civil unions, domestic partnership, and same sex marriage
• Alimony
• Custody, parental alienation, and child support
• Adoption and paternity
• Spousal or child abuse
• Marriage and prenuptial agreements
Tips for Choosing a Family Law Attorney
There are a significant number of factors to consider when choosing an attorney. It is important to check the professional credentials and licenses of a reputable divorce attorney before hiring them. It is also advisable to factor in that attorney's expertise in family law and their experience as an attorney in general. Professional affiliations can also tell potential clients where a particular lawyer focuses their attention and who they affiliate themselves with. It is also generally advisable to check references and recommendations so as to gauge the likelihood of a favorable outcome. Costs are naturally a factor in deciding on a family law attorney.
Many attorneys offer free consultations to help clients decide which course is best for their individual situation.
Langganan:
Postingan (Atom)