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Civil Unions and Domestic Partnerships

On Behalf of Cullen Family Law Group | Aug 28, 2011 | Divorce |

Civil Unions and Domestic Partnerships

While many states were passing legislation banning marriage between same-sex couples, Virginia’s legislature passed a law protecting couples of the same gender. The protection is called a civil union, and gives same-sex couples the same rights and benefits as married couples; however, Virginia’s civil union protection did not extend the right to marry to couples of the same gender. After Virginias’ ruling, additional states followed suit. Accordingly, other jurisdictions passed laws recognizing domestic partnerships.

Domestic partnerships also give couples some of the rights enjoyed by opposite-sex married couples, however not all. Rights and protections differ between civil unions and domestic partnerships, these protections differ from state to state. The criteria a couple must meet in order to form a civil union or domestic partnership may also differ by jurisdiction. However, the most common criteria are that the individuals are eighteen years of age or older, both individuals are of the same gender and each individual is not a member of another civil union or domestic partnership. Even though more states are beginning to acknowledge same-sex unions, not all states will recognize a civil union or domestic partnership from another jurisdiction. In fact, the federal Defense of Marriage Act gives states the power not to recognize civil unions/domestic partnerships from other states.

The break-up of a civil union or domestic partnership is very similar to the break-up of a traditional marriage. The couple must come to an agreement on matters such as child custody and visitation, property division, and support. At the Law Office of Heather Cullen, our attorneys have the skill and the experience to represent parties effectively in these family law matters.

Developments in the Law

In 2008, the California Supreme Court held that laws denying same-sex couples the right to marry were unconstitutional and therefore invalid. Denying same-sex couples the right to marriage was violating the equal protection clause of the state constitution. Based on this determination, the statute was changed to open the definition of “marriage” to both opposite-sex and same-sex couples. Prior to 2008, Massachusetts recognized same-sex marriage in 2003. Other jurisdictions do not statutorily allow same-sex marriages. However, Connecticut, New Jersey and Vermont recognize civil unions; Washington recognizes domestic partnerships and Hawaii has reciprocal beneficiary registration, which gives some benefits to same-sex couples.

At the federal level, the United States Supreme Court has upheld marriage as a fundamental right provided for by the Constitution. The Supreme Court has also struck down state statutes that have tried to make sexual relationships between consenting same-sex partners criminal. However, the court has not yet extended the right to marriage between same-gender couples.

I’ve been served divorce papers that include false allegations: what do I do?

On Behalf of Cullen Family Law Group | Jun 6, 2025 | Domestic Violence

Receiving divorce papers is already overwhelming. When false allegations are part of the paperwork, the situation can feel even more difficult. It’s essential to stay calm and know how to address the issue. Here’s what to do if you receive divorce papers containing...

Do domestic partnerships affect divorce rights?

On Behalf of Cullen Family Law Group | Apr 14, 2025 | Divorce

Domestic partnerships offer many of the same rights and responsibilities as marriage, but they can complicate the divorce process. If you're ending a domestic partnership, your legal path may differ from that of a traditional divorce, especially in California....

Moore / Marsden calculations in California divorce

On Behalf of Cullen Family Law Group | Apr 10, 2025 | Divorce

In California, Moore/Marsden calculations determine how to divide property when one spouse’s separate property has contributed to the acquisition or improvement of community property. These calculations ensure a fair division of property in divorce cases, particularly...

How can you document SP for asset protection?

On Behalf of Cullen Family Law Group | Apr 3, 2025 | Family Law

When you're about to get married, it's important to think about how to protect your assets, including spousal support (SP) money. If you've received spousal support in the past or expect it during your marriage, you may worry about documenting its use—especially if...

What to expect during child support enforcement actions

On Behalf of Cullen Family Law Group | Mar 23, 2025 | Child Support

Child support represents the financial contributions a non-custodial parent makes towards their child's upbringing. It ensures a parent meets the child's basic needs, such as food, housing, and education. It also supports a child's wellbeing, especially when parents...

Can you reimburse expenses before child support orders take effect?

On Behalf of Cullen Family Law Group | Mar 17, 2025 | Child Support

After a separation, managing child-related expenses can become a challenging task, especially before any official child support orders take effect. Many parents wonder if they can reimburse child expenses during this interim period. Understanding your rights and...

Do mothers have more rights than fathers in custody cases?

On Behalf of Cullen Family Law Group | Mar 11, 2025 | Custody & Visitation

When it comes to custody cases, it is a common misconception that mothers have more rights than fathers. This often stems from historical trends and societal assumptions about parenting roles. Whether you are a mother concerned about maintaining your relationship with...

Why should you update your advanced directives during a divorce?

On Behalf of Cullen Family Law Group | Feb 28, 2025 | Divorce

Going through a divorce is challenging. One crucial aspect that often gets overlooked is updating your advanced directives. These legal documents play a vital role in ensuring others respect your wishes, even when you cannot speak for yourself. Protecting your...

Can you protect yourself and your children without a divorce?

On Behalf of Cullen Family Law Group | Feb 25, 2025 | Domestic Violence

Domestic violence creates a terrifying and dangerous situation. You may feel trapped, believing divorce is your only option for safety. The good news is that California law provides legal alternatives if your moral beliefs prevent you from getting a divorce. Let us...

What can California parents do if their child refuses to visit the other parent?

On Behalf of Cullen Family Law Group | Feb 14, 2025 | Child Custody

Dealing with a child who does not want to see their other parent can create stress for everyone involved. California courts expect parents to follow custody orders while being sensitive to their children's feelings. Parents can struggle to balance their legal...

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Recent Posts

  • I’ve been served divorce papers that include false allegations: what do I do?
  • Do domestic partnerships affect divorce rights?
  • Moore / Marsden calculations in California divorce
  • How can you document SP for asset protection?

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