California Divorce Blawg

California Supreme Court Upholds Same-Sex Marriage Ban

The California Supreme Court on Tuesday upheld a ban on same-sex marriage that state voters passed in November, but it allowed about 18,000 marriages performed before the ban to remain valid.

Opponents of the ban argued that the controversial Proposition 8 improperly altered the California Constitution to restrict a fundamental right guaranteed in the state's charter.

But the court found the measure restricted the designation of marriage "while not otherwise affecting the fundamental constitutional rights of same-sex couples."

"We further conclude that Proposition 8 does not apply retroactively and therefore that the marriages of same-sex couples performed prior to the effective date of Proposition 8 remain valid," California Chief Justice Ronald George wrote.

The court, which is dominated by Republican appointees, ruled in May 2008 that the state constitution guaranteed gay and lesbian couples the "basic civil right" to marry. The 4-3 decision came four years after San Francisco began issuing marriage licenses to same-sex couples.

 But in November, state voters approved the Proposition 8 ballot initiative 52 percent to 48 percent. The measure provided that only heterosexual unions would be recognized as marriages by the state.

Supporters of the proposition argued that Californians long have had the right to change their state constitution through ballot initiatives. The effort to overturn the restriction "strikes directly at the heart of California's system of government," a brief by the conservative Family Research Council argued.

Please click here for the entire article from CNN.com.

Please be sure to visit www.hardinglaw.com, the website for the law firm of Harding & Associates, for more information on California family law.

Meet the Justices of the California Supreme Court

When it comes to family law most decisions are left to the states. The final arbiter of legal decisions in California is of course the California Supreme Court.  That being the case Californians should know who their Supreme Court Justices are.  One by one I am going to cut and paste the profiles for each justice, as they appear on the Court's official website.  Today we feature Associate Justice Carol A. Corrigan.

Judicial and Professional Positions: Associate Justice of the California Supreme Court (Appointed December 2005; confirmed January 4, 2006.)

Associate Justice, Court of Appeal, First Appellate District, Division Three, 1994 - 2006 (Appointed 1994; confirmed by voters, 1994). Judge, Alameda County Superior Court 1991-1994 (Appointed 1991; elected by voters. 1992). Judge, Oakland, Emeryville Piedmont Judicial District 1987-1991 (Appointed, 1987; elected by voters, 1988). Senior Deputy District Attorney, Alameda County 1985-1987; Deputy District Attorney, same county, 1975-1985.

Professional Activities: California Judicial Council, 1997-2001, (Named Jurist of the Year 2003). Judicial Council Task Force on Jury Instructions, 1997-2005 (Chair). Commission on Future of California’s Courts 1991-1994. Center for Judicial Education & Research, Governing Board, 1994-1997. President’s Commission on Organized Crime, 1983-1986. Special Consultant, President’s Task Force on Victims of Violent Crime, 1982. Adjunct Professor of Law: U.C. Berkeley, Boalt Hall School of Law, 1984-1987, 1990-1994; U.C. Hastings College of Law, 1981-1987, 1989; University of San Francisco School of Law, 1988-1990; University of Puget Sound School of Law, 1981. Faculty: California Judicial College, 1988-present; Continuing Judicial Studies Programs, 1989-present; National Institute of Trial Advocacy, 1981-present (Distinguished Faculty Award, 1997).

Community Involvement: Board of Directors: Holy Names College 1988-present (Chair, 1990-2005); Saint Vincent’s Day Home, 1982-present (Chair, 1991-present); Goodwill Industries of the Greater East Bay, 1985-1989.

Education: B.A., magna cum laude, Holy Names College, 1970 (Student Body President, Founder’s Medal). J.D., Univ. of California, Hastings College of the Law, 1975 (Law Journal, Note and Comment Editor). Doctoral program, Clinical Psychology, Saint Louis University, 1970-1972.

Personal: Born: August 16, 1948, Stockton, California

Please be sure to visit www.hardinglaw.com, the website for the law firm of Harding & Associates, for more information on California family law.

Divorce and Bankruptcy

Unfortunately, one calamity often leads to another and sometimes divorce and bankruptcy occur in tandem.

In this entry, you'll find an explanation of why bankruptcy and divorce sometimes go hand-in-hand and what you may expect if the two happen in your life.

Financial Stresses of Divorce

It's no secret that divorce can be financially stressful.

Besides lawyer and court costs, you and your spouse will probably be expected to spread your incomes over two households rather than just one. And, if one spouse must now find a new job, childcare costs may come into play.

Bankruptcy and divorce statistics:

• From 1980-2008, statistics on bankruptcy filing show that more than 90 percent of filers experienced job loss or medical hardship during their divorce. This suggests that such financial stressors may frequently lead Americans to file bankruptcy.
• Many divorce cases involve some sort of alimony and/or child support payments. For those already struggling, this may prove to be too much to manage.
• Depending on the laws of your state (community property or equitable distribution), you may find yourself owning less property and more debt than you did before your marriage.

Bankruptcy Before Divorce

If your spouse starts bankruptcy proceedings before the divorce is finalized, you might want to consider filing bankruptcy jointly, especially if the majority of the debts are held jointly. 

Because creditors are not parties to a divorce agreement, you will still be held liable for the debts even if your spouse is the only one declaring bankruptcy. By filing jointly, you can save a lot of headaches in figuring out how debts will be allocated in the divorce settlement agreement.

A joint bankruptcy filing is typically not available to divorced couples, even if much of their debt is jointly held.

For this reason, if you're still married and contemplating both bankruptcy and divorce, you may want to consult with a bankruptcy lawyer before dissolving your marriage.

Bankruptcy After Divorce

So, how could bankruptcy potentially help struggling divorcees?

• Chapter 13 Bankruptcy: This type of personal bankruptcy allows petitioners a period of three to five years to catch up on their past-due debts by making regular payments in a repayment plan. It tends to work well for those with a dependable source of income and/or significant non-exempt property they'd like to keep.
• Chapter 7 Bankruptcy: This type of personal bankruptcy offers petitioners a complete discharge of many unsecured debts (debts not attached to any property). Keep in mind, though, that the debt designations of the divorce court may not hold up in bankruptcy court: that is, if a jointly held debt is assigned to the spouse who files for Chapter 7 bankruptcy, the other spouse will likely be responsible for paying it.

Because of the possibility of one spouse becoming responsible for debts assigned to the other during divorce, it's important to contact your ex-spouse if you're considering a bankruptcy filing.

Bankruptcy Can't Eliminate All Debts

If you saw your income decrease after the terms of your divorce were settled, you may be worried about keeping up with support payments as well as your mortgage/rent and regular bills.

But the place to modify the terms of your divorce is probably in the divorce court, not the bankruptcy court.

The following debts are not dischargeable in bankruptcy, meaning that filing bankruptcy will not likely relieve you of your responsibility to pay:

• child support
• alimony/spousal maintenance
• student loans
• most tax debt
• some criminal fines and penalties

If you need help in resolving any of the above debts, don't despair: bankruptcy may still offer you relief by possibly excusing you from other debts so you have enough money to cover your support/maintenance payments.

If you'd like to learn more about how Chapter 7 or Chapter 13 bankruptcy could help you, you may want to speak with a bankruptcy lawyer in your area.

Please click here for the original article from womansdivorce.com.

Please be sure to visit www.hardinglaw.com, the website for the law firm of Harding & Associates, for more information on California family law.