Divorce Process Beginning
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 spousal support, and Marvin actions.
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. Our San Diego family lawyers are
able to represent a client through all stages of the divorce.
Mr. Edmunds is not only a leading San Diego divorce attorney, he is also
a leading North County divorce attorney who has helped clients during
the most tumultuous times in their lives. He has also trained other attorneys
and taught law in San Diego colleges.
Full Parental Rights for Same Sex Couples
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.
If you're looking for a San Diego divorce attorney, do not hesitate
to consider utilizing vast experience and training of the attorneys at
The Edmunds Law Firm. Call (760) 634-7630 or
request your free consultation online today.
Mr. Edmunds and the attorneys of The Edmunds Law Firm appear regularly
in Chula Vista as Chula Vista divorce attorneys; El Cajon and El Cajon
divorce attorneys; Oceanside as Oceanside divorce attorneys and of course
Metropolitan San Diego as San Diego divorce attorneys.
