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Domestic Partnerships Archives

Same-sex marriages and divorce

Gay couples married in states that recognize this status but reside elsewhere may find divorcing problematic. California residents won't encounter this problem, but people who marry in California may find divorcing in a state that does not recognize same-sex marriage difficult. Since their home state may not recognize same-sex marriage, divorce is not legally possible because there is no valid marriage.

Same-sex couples allowed fertility coverage in California

California Gov. Jerry Brown has recently signed a bill into law ensuring that same-sex and unmarried couples will receive the same access to insurance coverage for fertility. The bill interprets a state law already in existence requiring health plans to cover fertility treatments with the exception of in vitro fertilization. Although the existing law contained non-discriminatory language, same-sex partners were often denied coverage. State legislators have praised the bill and said that reproductive medicine should be of benefit to everyone.

Divorce for same-sex couples can be legally difficult

Same-sex couples in Sacramento have had the legal right to get married since June of this year, thanks to a court decision. Thirteen other states besides California legally recognize same-sex marriage. However, what happens when people in a same-sex marriage want a divorce? It can mean a dead end in many states that do not recognize same-sex marriages as legal.

Same-sex couples to receive federal benefit rights

The Supreme Court ruling over Proposition 8 placed California in the center of the battle over the right to marry for same-sex partners, and a Sept. 18 statement by the Department of Labor combined with a recent ruling by the Internal Revenue Service have both expanded the rights of gay couples. Same-sex couples will now be entitled to the federal rights previously only available to traditional married couples when it comes to employee benefits, health plans and pensions. They will also be able to be able to file joint federal tax returns.

California inmates permitted benefits of same sex marriage law

California prison officials opened the doors to allow inmates to marry people of the same sex under a certain set of circumstances. The decision comes on the heels of the United States Supreme Court decision that made same-sex marriages legal again in California. The director of prisons in California issued a memo stating that this court decision applies to people in the penal system.

Supreme Court rulings affect same-sex divorce too

The recent rulings by the U.S. Supreme Court on California's Prop 8 and the Defense of Marriage Act have already had an effect on same-sex marriage across the state. However, in the long run, the rulings will affect same-sex divorce too. While a newly married same-sex couple may have not yet considered this impact, it could be significant in their future.

Texas judge orders lesbian partner to move out

A judge recently ruled that a couple could not cohabitate together due to a violation of the morality clause in a woman's divorce decree. The case involved a same-sex couple in a state where gay marriage is not recognized. Same-sex couples in California may face similar difficulties, depending on the resolution of the Proposition 8 litigation that is currently in front of the Supreme Court.

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Victoria S. Linder Law Office
5303 Folsom Boulevard
Sacramento, CA 95819

Phone: 916-905-4805
Fax: 916-498-0127
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