Los Angeles Same-Sex Marriage Attorney

Southern California Registered Domestic Partnership Lawyer

The law firm of Bennett & Erdman provides legal services to meet the needs of Lesbian, Gay, Bisexual and Transgendered ("LGBT") people throughout Southern California. With nearly 30 years of experience in this field, and extensive involvement in the LGBT community, including crafting bills to bring greater fairness to gay and lesbian, bisexual and transgender families, we are uniquely qualified to assist you with your LGBT law matter.

Partners Roberta Bennett and Jeffrey Erdman are co-authors of chapters for books published by CEB (Continuing Education of the Bar) dealing with California domestic partnerships. Jeffrey Erdman has served as chair of the California State Bar Committee on Sexual Orientation and Gender Identity Discrimination and as a member of the California Judicial Council's Access and Fairness Advisory Committee. He crafted a bill that was recently signed into law (AB2700) that confirmed that California family courts have the right to grant a divorce to married gay and lesbian couples and ensured that any legal status can be terminated in one proceeding.

California Family Law, Gay Marriage and Registered Domestic Partnerships

Legal marriage is (at least temporarily) not available to same-sex couples in California due to the passage of Proposition 8. Prop 8, which passed in November 2008, was overturned in U.S. District Court in 2010, and is now under review by the United States Court of Appeals for the Ninth Circuit.

Before Prop 8 was enacted, California family law statutes already said that the State of California would recognize an equivalent procedure conducted in another state. In other words, a registered domestic partnership in another state would be considered a registered partnership in California. With the passage of Proposition 8, however, it became unclear if gay and lesbian couples, who were legally married in another state, would have their marriage recognized in California.

The legislature passed Family Code 308, which expressly says California will recognize out-of-state gay marriages. If your marriage occurred before passage of Prop 8, it will be called a marriage. If you were married in another state after Prop 8, your out-of-state marriage will still be recognized but the law is unclear about the name of this relationship.

California couples now must choose between entering into a registered domestic partnership in California, or going to another state to get married and then returning to California.

Notwithstanding the confusion created by Prop 8, California law is clear in recognizing that same sex couples have the benefits and obligations of a legal union. And with bill AB2700, California family courts can grant a divorce regardless of whether you are legally married, have a registered domestic partnership or a civil union. And it can be done as one case, rather than separate cases, should you have more than one status.

Domestic partnerships: Currently, California allows same-sex couples to register as domestic partners as an alternative to marriage. Such domestic partnerships invoke most, although not all, of the same rights, responsibilities and requirements of marriages. Entirely different legal principles and requirements are invoked for partnerships that are not registered, including many that may be applied to issues of ownership or control of assets whether or not titled in both parties' names.

Spousal support and same-sex couples: Couples who were legally married in California, legally married in other states, and those in registered domestic partnerships, are entitled to spousal support in the same manner as opposite-sex couples. However, because the federal government does not recognize same-sex marriages, there will be different tax implications for an order of spousal support.

Alimony is usually tax-deductible for the person paying support and taxable income for the person receiving support. For same-sex couples, spousal support is not deductible for the payor, but it is still taxable income for the payee. In order to make a spousal support order fairer for same-sex couples, it is necessary to account for this tax impact.

Parentage proceedings, child custody and child support: Rules applicable to traditional paternity suits have also been applied in California to same-sex parentage proceedings where one (or both) parents are not biologically connected to a child. In fact, each of the grounds for establishing paternity of a father may be applied to establish parentage in the case of a second mother or second father.

Bennett & Erdman — Lawyers for Your Life
To discuss your California same sex marriage and domestic partnership matter with an experienced Los Angeles same-sex marriage lawyer who is also a Certified Family Law Specialist,* call 1-877-820-6534. Or you can contact us online and a member of our firm will respond quickly.

*Certification by the California Board of Legal Specialization.