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Same Gender Marriages
by: Jeffrey Broobin
In 1999, the Vermont Supreme Court issued a landmark decision in the case of Baker v. State, 744 A.2d 864 (Vt. 1999), ruling that prohibiting same-sex marriage violated the Vermont constitution because it denied same-sex couples the rights granted to heterosexual couples. However, rather than order the government to issue marriage licenses to gay and lesbian couples, the court left it up to the state legislature to remedy the situation. In response to the court's order in Baker v. State, the Vermont legislature passed a law creating a "civil union registration system," under which same-sex couples can register their partnership and receive all the benefits of state laws that apply to married couples. Although the U.S. Constitution requires each state to give "full faith and credit" to the laws of other states - for example, by recognizing marriages and divorces made across state lines - the federal Defense of Marriage Act (DOMA), passed in 1996, expressly undercuts the full faith and credit requirement in the case of same-sex marriages. That said, because the DOMA abridges the rights guaranteed by the U.S. Constitution, it may be challenged legally in the near future. Furthermore, Massachusetts Supreme Judicial Court clarified its ruling late last year that denying marriage licenses to same-sex couples violates the Massachusetts Constitution's guarantee that all citizens be treated equally under the law. Lambda Legal predicts that within a few months, same-sex couples in Massachusetts will begin getting married. They will be able to visit their spouses in the hospital, make decisions about each other’s health care and be fully recognized as parents of their children. Anti-gay groups may proceed ahead in efforts to amend the state’s Constitution to carve out an exception to the time-honored guarantee of equality. As that debate moves forward, people will see same-sex couples who are legally married - and they will see that in seeking to protect their families, these married couples pose no threat to society. Benefits for Same-Sex Couples in California, Hawaii and Vermont. If you're a member of a same-sex couple living in one of these three states, you can take advantage of laws that allow you to register your partnership and receive many of the benefits granted to married couples. California. To register a domestic partnership in California, visit the California Secretary of State website at www.ss.ca.gov. (Look under "Special Programs Information.") Hawaii. To learn about registering your partnership in Hawaii (where it's called a "reciprocal beneficiary relationship"), visit the website of Hawaii’s Vital Records office at www.state.hi.us/doh/records/rbrfaq.htm. Vermont. To read the official guide to Vermont's civil union law, go to www.sec.state.vt.us and click on "Publications."
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About the author:
Jeffrey Broobin is a free-lance writer on family and finance issues; his main goal is to help people during their complicated period of life.
Website: http://www.legalhelpmate.com
Email: jeffreyb@legalhelpmate.com


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 Seven Sets of Documents You Need For Your Divorce
 by: Scott Morgan

This article is designed to give someone who is considering or planning for the possibility of divorce an idea of what documents are needed. Even if you believe your case is ultimately agreed to and settled without a trial, you will be in a much better position if you already have the relevant documents in your possession. Better safe than sorry.

You should locate the relevant documents, make copies, and keep them somewhere secure, like your office or with a friend. You will then have access when it is needed.

Here are the most important seven categories of documents you should focus on.

1. Income Documents

Your spouse's income is relevant to a number of issues in a divorce case. At a minimum, get your spouse's last paycheck statement and your most recent tax return. Ideally, you would have access to all tax returns filed during the marriage, along with all supporting documents and schedules.

2. Bank Records

The monthly bank statements are very important and can lead you to other documents (cancelled checks, deposit slips, registers, etc.) that you also may need to obtain. Get at least the most recent statement for each account that is either held in your name, your spouse's name, or jointly. If possible, get copies of all statements going back to the date of marriage. In most cases this volume of records is not required, but in some cases these records can be very helpful and even necessary to analyze the case.

3. Retirement and Other Investment Records

Often the biggest asset a couple will own will be a 401k or pension account. So you will definitely want the most recent account statement and ideally all statements dating back to the time of marriage. Also, the last statement prior to marriage can be very significant (especially in community property states) to show the pre-marriage balance.

4. Credit Card statements

Again the most recent statements are a necessity, but a lot of important evidence can be garnered from the historical statements. In some cases, the credit card statements will show questionable transactions that can be of real evidentiary value. For example, they might show evidence of gifts or dinners purchased for paramours, questionable hotel rentals, or other dubious purchases.

5. Real estate documents

The most important real estate documents are the Deed of Trust and Warranty Deed for any property you currently own. If you have the entire file from (the giant stack of paper you got after the closing) for each real estate purchase or refinance transaction during the marriage it can be helpful. Additionally, documents evidencing real estate owned by either spouse prior to marriage can be significant, especially in community property states.

6. Mortgage statements & any Other Debts

You should get the most recent statements showing the current payoff balance for any other debts. For those debts that have only a coupon book with no regularly generated statements showing the current balance, you will probably need to contact the creditor by phone for the current payoff information.

7. Relevant emails or other correspondence

Correspondence or emails can be extremely helpful (or damaging, depending on your viewpoint) pieces of evidence in the case. Whether the communication is between spouses or between a spouse and some third-party, the communication is potentially relevant. Two common examples would be where your spouse makes a damaging admission about some issue in the case, or communications with paramours.

Conclusion

Determining which documents you need to obtain for your divorce case can be a very time-consuming and daunting task. Use this list as a starting point and discuss your situation with a quality divorce attorney. This person should be able to advise you specifically on the documents you need to obtain in order to protect your interests.


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