Pivotal CA gay marriage ban decision due Thursday
Lawyer Blogs
The California Supreme Court is poised to release a decision that could prove pivotal to the future of the state's voter-approved ban on same-sex marriage.
The court says it will file a written opinion Thursday morning clarifying whether the sponsors of ballot initiatives can defend their measures from legal challenges without the cooperation of the governor and attorney general.
A federal appeals court considering the constitutionality of the 2008 ban, known as Proposition 8, asked the state high court to weigh in on that question before it gets to the merits of the case.
The 9th U.S. Circuit Court of Appeals has expressed doubts about the ability of Proposition 8's sponsors alone to challenge a lower court ruling that overturned the initiative. California's previous governor and attorney general both refused to appeal the decision.
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Grounds for Divorce in Ohio - Sylkatis Law, LLC
A divorce in Ohio is filed when there is typically “fault” by one of the parties and party not at “fault” seeks to end the marriage. A court in Ohio may grant a divorce for the following reasons:
• Willful absence of the adverse party for one year
• Adultery
• Extreme cruelty
• Fraudulent contract
• Any gross neglect of duty
• Habitual drunkenness
• Imprisonment in a correctional institution at the time of filing the complaint
• Procurement of a divorce outside this state by the other party
Additionally, there are two “no-fault” basis for which a court may grant a divorce:
• When the parties have, without interruption for one year, lived separate and apart without cohabitation
• Incompatibility, unless denied by either party
However, whether or not the the court grants the divorce for “fault” or not, in Ohio the party not at “fault” will not get a bigger slice of the marital property.