Marriage & Partnership Heather Lee & Victor Sevilla.

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Presentation transcript:

Marriage & Partnership Heather Lee & Victor Sevilla

If I decide to get married, what do I need to do? Apply for a marriage license and the County clerk’s office in the County you would like to be married in and pay the application fee you will have to sign an affidavit that you have received a health department brochure containing information about genetic defects, AIDS, and Domestic Violence

For a legally valid marriage, you will need… An authorized official (usually a clergyman, judge or someone else who is legally authorized to perform marriages) A competent adult witness Mutual declarations from you and your spouse-to-be that you take each other as husband and wife A marriage license

What is a prenuptial agreement? It is an agreement that you and your prospective spouse can make before marriage. In such an agreement, the two of you can change your rights and obligations regarding your property. However, nothing in the agreement can violate public policy or be criminal. Also, a spouse must have independent counsel if he or she wants to waive future spousal support. And nothing in the agreement can put child support in jeopardy.

Now that I am married, does my new spouse have to support me? Both spouses are obligated to provide for the support of the other and for any children. Either spouse can be held liable for necessities to the other or to the children What would be grounds for divorce?

How do I get divorced if my marriage breaks down? You will need to file a divorce petition You may want to consult an attorney A judge will consider child custody, child support, financial maintenance of either spouse and property division As a general rule, all community property assets and debts are decided equally There are many different ways to handle divorce

Can same-sex couples get married? No, not in California; in mid A 2008 state Supreme Court ruling briefly legalized same-sex marriage in California. A ballot initiative banned it the same year A federal district later declared the ban unconstitutional. That decision however, has been appealed. Same-sex couples can register as Domestic Couples in California. State Law entitles registered Domestic Partners to virtually the same rights and benefits and responsibilities, obligations and duties under the law as married couples

What if I can’t afford to support my children after my divorce or the dissolution of my domestic partnership? The child, the child’s other parent or a child support agency can sue you for support. In addition,a wage assignment can be obtained that would automatically deduct the support payment from your paycheck Can my Parental rights ever be take away?