By Denis Clifford Attorney, Frederick Hertz Attorney, Emily Doskow Attorney
Guard your rights -- defend your dating!
Now greater than ever, it is important that you are taking the correct criminal steps to outline and safeguard your courting within the eyes of the legislations. in the event you do not, you run the danger of being close out of every other's lives -- and the lives of kids you co-parent -- in occasions of clinical, monetary or own main issue.
This sensible, plain-English consultant exhibits lesbian and homosexual the way to:
This variation is up to date with a dialogue of the legislation of every nation supplying both marriage or marriage-equivalent prestige, covers all of the new nation legislation in contemporary months, and discusses the professionals and cons of moving into a wedding or like dating.
Read or Download A Legal Guide for Lesbian & Gay Couples PDF
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Extra resources for A Legal Guide for Lesbian & Gay Couples
This section discusses only how to end your “family” status. If you went through some kind of union, commitment, or marriage ceremony that was not legally sanctioned by the state, you are not required to take any legal steps to end the relationship—remember, you 32 | A Legal guide for Lesbian and Gay Couples are not legally married. Some people go back to whomever officiated at their ceremony and seek help in splitting up. If you registered as domestic partners through a municipality, an employer, a school, or another entity, be sure to terminate the partnership formally, by submitting a written document to the entity.
Even if an employer treats domestic partners just like spouses, the benefit may be less valuable to domestic partners because of the way tax laws are currently written. If the employer foots the bill for the partner’s health benefits, for example, the employee must pay federal taxes on the value of the benefit—while an employee whose spouse received these benefits would not be taxed. This is because the IRS considers benefits awarded to an unmarried partner as part of the employee’s taxable compensation (in contrast to benefits for spouses).
But if neither of you ever lived in California, it’s unclear whether California law applies to your divorce—for example, whether community property rules apply. And if you have children, the divorce might be complicated by special laws about where custody cases can be heard. You’ll probably want to talk to a lawyer if you are registered as California domestic partners but are living in another state. Domestic Partners and Taxes The advent of joint tax filing for domestic partners in California (and the other marriage and marriage-equivalent states) brings with it a host of complicated questions.