As of June 26, 2015, same-sex couples can marry in any state in the United States. This is a result of the ruling by United States Supreme Court in Obergefell v. Hodges. The Justices found that state law banning same-sex marriage is unconstitutional. As such, same-sex couples in California have the freedom to marry. Additionally, the court ruled that a denial of a marriage license to a same-sex couple violates the Fourteenth Amendment of the U.S. Constitution. same sex marriage in California Requirements for same-sex couples to marry in California are the same as for heterosexual couples. You and your partner must apply together for a marriage license from the office of the Registrar-Recorder/County Clerk of any California county. After obtaining a marriage license, in order for your marriage to be valid, California law requires the marriage ceremony to be performed by someone authorized to solemnize marriages in California. Such persons can include a judge, a clergy member, of a
Many people incorporate their businesses in order to avoid becoming personally liable for the company s losses. When a business is incorporated, owners and shareholders cannot lose more than the money they invested into the business. If the company is not incorporated, but instead is operated as a sole proprietorship or partnership, the business owners could become fully responsible for covering the organization s financial losses. For example, if a partnership went bankrupt or was sued, the partners who own it could be held personally liable for paying for the partnership s debts or the judgment against the organization. The liability protection of a corporation is extremely important, but it is not always absolute. Piercing the corporate veil means that the distinction between the owners and the business is stripped away. The owners become personally responsible for the financial condition of the business, just as they would be if the company was a sole proprietorship. Piercing the
There are a variety of different business entities that can be formed to provide protection from liability and various tax benefits. These include S-corporations, C-corporations, and Limited Liability Companies (LLCs). When you decide to start a business, you will need to make the choice about not only the type of business entity that you wish to operate as, but also about the state where you wish to be incorporated. Knowing how to form a business entity is complicated, especially if you are not sure what state to start your business in. An experienced Irvine business formation lawyer at Brown & Charbonneau, LLP will help you throughout the process. Contact us today to schedule a consultation and speak with an attorney who will help you to get your business off the ground. Forming a Business Entity The first step to form a business entity is to decide what type of organization is right for you. If you want a business that provides protection from liability, your options will g
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When parents are involved in a divorce, many issues must be resolved in order for the marriage to end. Parents should try to come to an agreement on how to share parenting time whenever possible. If they are successful, the court should put a custody order into place so the parent s timesharing agreement is legally enforceable. If parents do not agree on their own about how they will divide up time with their children, the judge will consider what is in the child s best interests and will divide up custody accordingly. The custody division, coupled with the incomes each parent makes and various other factors, are used to determine how much child support must be paid. A standard formula is used in California to calculate child support in order to ensure every child receives financial assistance from both parents. When child support is calculated, one big issue that often arises is who pays for daycare after divorce. The cost of daycare can be very expensive and an Irvine family la
The Fifth Amendment establishes the right to remain silent and the right not to be a witness against yourself in a criminal case. This important constitutional amendment means you do not have to provide an answer that would incriminate you. However, while the Fifth Amendment means you cannot be compelled to testify against yourself, it does not necessarily allow you to avoid answering any and all questions or responding to discovery requests. Because the Fifth Amendment applies to protect you from providing evidence that can be used against you in a criminal case, many people are uncertain whether they have a right to remain silent in a civil case. The answer to this question can be complicated. An Irvine civil litigation lawyer can provide you with legal advice on whether you should respond to inquiries as part of a civil lawsuit or whether you can assert the Fifth Amendment right against self-incrimination. Brown & Charbonneau, LLP has extensive experience helping defendants to
Being named as a defendant in a lawsuit is always stressful. This is especially true when you received notice that a federal lawsuit has been filed against you. A lawsuit in federal court can be brought only under limited circumstances, such as when a case arises out of federal law or when a plaintiff and defendant are from different states and the amount in controversy is $75,000 or greater. Because federal cases are often high-stakes cases with a significant amount of money that could potentially be lost, it is imperative you are fully prepared and make informed choices on how to respond when you receive notice of a lawsuit. When you are sued in federal court, you have a limited time to respond to the summons and complaint. An experienced Irvine, CA litigation lawyer who handles federal cases can help you to respond within the deadline and to make informed choices about every step of defending yourself after a lawsuit has been filed against you. Brown & Charbonneau, LLP has ex