San Diego Family Law Attorneys

The National Marriage Project's "State of Our Unions 2005" statistics show the divorce rate in the United States is down. Despite the decline in divorce rates (which is partly attributed to a decrease in the marriage rate and an increase in cohabitation) nearly half of all marriages will still end in divorce. San Diego family law has jurisdiction over divorce and legal separations, domestic partnerships, domestic violence restraining orders, and child custody and visitation; as well as establishing paternity or parental relationship, nullity, child and spouse support, and Marvin actions.

San Diego family law now recognizes gay and lesbian couples raising children together as lawful parents. The California Supreme Court unanimously decided in August 2005 that same sex couples are considered lawful parents: meaning that should the couple break up, they must provide for their children like any other divorced couple.

According to the high court, California's custody and child support laws which hold absent parents accountable also apply to estranged gay and lesbian couples who have used reproductive science to conceive. The Supreme Court also applied past decisions involving heterosexuals who conceive children through artificial reproductive science, as well as other areas of family law that were once reserved for mothers and fathers.

Best Interest of the Child

Family laws are geared to be in the best interest of the child, but for same sex couples that did not adopt, children were left unprotected as opposed to a straight relationship that does not require adoption. In the past, California case law stated a child couldn't have two mothers, leaving the non-biological parent out in the case of a breakup. However, the ruling extends San Diego family law to consider same sex parents as a real family and require their children to have the same needs as straight families.

The change in San Diego family law is significant, especially considering the 2000 Census that shows more than a million children being raised by same-sex couples in the United States. Establishing unprecedented new legal protections, the expansion in family law in California represents a controversial topic in what should legally be considered a family. Over the years, the idea of family has changed considerably because of divorce and multiple marriages as well as the addition of same sex couples.

Divorce Process Beginning

The decision to divorce begins once the initial papers are filed, and any relevant issues must be resolved by default, agreement or through contested court proceedings prior to when the dissolution is completed and the necessary paperwork and fees have been prepared and filed. San Diego family lawyers are able to represent a client through all stages of the divorce.

It is not required to hire a San Diego family lawyer, and some people choose to represent themselves. But when property and children are involved, this can be risky. If the spouse has an attorney, it can be especially difficult to represent yourself adequately. The smallest mistake can end up being extremely costly. Seeking expert legal advice from a San Diego family lawyer will ensure that any and all questions are answered and that the client is aware of his/her rights.