California Family Law Changes Constantly
No society or government has been endowed with a perfect set of laws since Moses descended from Mt. Sinai with two stone tablets in hand. Because our citizens and legislators can never be fully satisfied with any set of statutes, our legal codes change constantly.
At the law offices of Hugh O. Allen, we have adapted to the changes to California's family law statutes for over 30 years. We provide caring, experienced, knowledgeable service for clients in Sacramento, California and surrounding areas. Call 916-436-1517 today or contact us online to schedule an appointment.
Fiduciary Duty
For centuries, a man and a woman have been viewed as having the highest of duties towards each other in a marriage. This is a good example of fiduciary duty. In 2007, the case in re Feldman confirmed that the bond of marriage creates a fiduciary duty between divorcing spouses such that they are expected to deal honestly with each other, even in divorce. If one spouse lies or withholds relevant information during the discovery process, he or she can be forced to pay stiff sanctions to the other spouse. In Feldman, the spouse who withheld information from the other spouse was ordered to pay sanctions totaling over $100,000.
The Definition of Marriage
The law offices of Hugh O. Allen have been practicing family law under the traditional definition of marriage, as regarded above. For religious reasons and for personal interpretation of the law, would feel uncomfortable defining marriage otherwise. However, California's Supreme Court ruled that the state's legal definition of marriage — a union between one man and one woman — was unconstitutional. This allows same sex couples to marry, but it also raises profound legal questions. If families are rooted in marriage, then family law is rooted in the definition of marriage.
Therefore, if the definition of marriage is unconstitutional, does it follow that all California's family law is also unconstitutional? Does California even have a "family law" to speak of?
Mediation
Because it removes strain from the court system and can often resolve a divorce with less bitterness and contentiousness, mediation has gone from being perceived as a novel, unconventional approach to marriage to being considered fully mainstream. Before any divorce case is heard in court, the court now encourages couples to explore mediation as an option first.
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Other changes in the law are too numerous to mention, but have included regulations on smoking in houses with children, drug tests and international child custody regulations. If you would like to schedule an appointment with an attorney at the law offices of Hugh O. Allen, call us today at 916-436-1517 or contact our office online.
This does not constitute a guarantee, warranty or prediction regarding the outcome of your legal matter.
