Prop 8 fight reaches next judicial rung

Legal News Feed

A federal appeals court is set to hear arguments on whether California's same-sex marriage ban is constitutional in a hearing to be televised nationally.

The three-judge panel of the 9th U.S. Circuit Court of Appeals in San Francisco will hear arguments Monday on Proposition 8. A trial court judge overturned the voter-approved ban as a violation of gay Californians' civil rights in August.

The panel will first consider if the group that put the measure on the ballot is eligible to appeal since its members aren't responsible for enforcing marriage laws. Outgoing Gov. Arnold Schwarzenegger and Attorney General Jerry Brown refused to challenge the ruling.

The panel will then hear arguments on the proposition's constitutionality.

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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.

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New York & New Jersey Family Law Matters We represent our clients in all types of proceedings that include termination of parental rights. >> read