All couples face the same rules when entering or dissolving a marriage.
On Monday July 7, Governor Jerry Brown signed a bill into law that will update the language in our state’s marriage law to better accommodate same-sex couples. Starting January 1, 2015, language referring to a husband or wife will be removed and replaced with terms like spouse or married person.
This language update was actually called for way back in 2008 by the In Re Marriage Cases decision from the California Supreme Court. However, challenges to the ruling on the unconstitutionality of Prop 8 had to be handled first. With the repeal of Prop 8 upheld, supporters of same-sex marriage finally were able to move forward with the language update, which changes the definition of marriage in the state of California from “a personal relation…between a man and a woman” to a “a personal relation…between 2 persons.”
The new law also lifts prior restrictions on the recognition of certain same-sex marriages performed out of state. The end result is legislation that treats all married couples equally, regardless of their gender.
Same-sex and opposite-sex couples alike may need help defending their rights under the California Family Law Code, especially in the event of a divorce. Skilled family law attorneys such as Kendall & Gkikas LLP can help with these efforts, providing tough but fair representation for all of the following issues:
Pre-Nuptial Agreements: Pre-nuptial agreements aren’t just for rich people. They can be a very useful tool for any couple that wishes to establish an agreement for asset division, child custody, and support to be used in the event that they decide to divorce. Having a pre-nuptial that both parties agree to willingly can really speed the progress of a divorce proceeding and prevent surprises in the divorce decree.
Dissolution of Marriage: Divorce is not the only way to dissolve a marriage, nor is a court battle the only way to get a divorce. At Kendall & Gkikas, we provide options for couples wishing to separate. We can advise you of all your legal options as well as assist with mediations if the issues can be resolved out of court.
Child Custody: Both same-sex and opposite-sex couples need to establish custody and visitation agreements following a divorce or separation. This process can be more complicated for same-sex couples, especially if the non-biological parent has not formally adopted the child. Kendall & Gkikas can help ensure the final decree reflects the best interests of the child.
Money: A divorcing couple that doesn’t argue about money is a rare thing indeed. At Kendall & Gkikas, we can help ensure a fair division of all marital assets as well as seek agreements for child support or spousal support as appropriate.
