Slides for a presentation I am giving in August, 2013 on legal issues impacting GLBT individuals in Pennsylvania. This is a very broad overview. It includes a look at the impact of DOMA
Although same-sex couples now are able to obtain dissolutions of their marriages in many states, there are still complicating factors facing divorcing LGBT couples. Some of these factors include different tax treatment, division of pension plans, child support, custody issues and the rights of married vs. unmarried same sex couples.
Although same-sex couples now are able to obtain dissolutions of their marriages in many states, there are still complicating factors facing divorcing LGBT couples. Some of these factors include different tax treatment, division of pension plans, child support, custody issues and the rights of married vs. unmarried same sex couples.
To learn more about Form I-130, Petition for a Sibling, please contact Elizee Hernandez Law Firm at (305) 371-8846, or on our website www.elizeehernandez.com.
What (and How) To Ask Your Parents About Their Estate PlanningCohen and Company
Discussion on estate planning for aging parents, including three fundamental documents every parent must have, why proper titling of assets is so important, benefits of having a trust and more.
This session will cover the latest information on the Illinois Dream Act, the Guide to Advising Undocumented Students, tuition rates, college application tips (i.e. SS# and affidavits), scholarships and other pertinent information pertaining to undocumented students in the state of Illinois.
Obergefell v. Hodges: Michigan Probate and Estate Planning Issues Impacting S...Howard Collens
With the June 26, 2015 Supreme Court decision in Obergefell v. Hodges, the landscape in Michigan probate and estate planning has changed. This presentation explores areas of impact.
Sari Friedman Lawyer - Brief Introduction and Explanation about Famiy Laws Sari Friedman & Friedman
Sari Friedman Lawyer has published many articles on divorce law, family law matters and achieved many awards. Family law matters include divorce cases, child custody, adoption, etc.. Some relations need legal identities like marriage and adoption. We require a proper legal papers as a proof for these relations. Family law expert and divorce expert Sari Friedman Lawyer are explaining the procedures that we need to follow in divorce cases.
All people in the United States, regardless of immigration status, have certain rights and protections under the U.S. Constitution. Knowing and asserting rights can make a huge difference in many situations, such as when ICE agents go to a home. The information included in this resource guide provides students, families and school staff with critical information for working together to assert the rights of all within the LAUSD school community.
Annulment of Marriage Laws in India,Annulment or Nullity of Marriage,deference between annulment and divorce,annulment of marriage under Hindu Marriage Act 1955.
Slides for a presentation on how to research social media. I discuss legal, ethical and privacy issues in accessing social media. I address specific sites and explore how privacy settings impact searches. I also discuss whether sites will cooperate with subpoenas along with getting the other side to download and provide accounts. In addition, I go over some question you will want to ask during the discovery process. Last I mention some specific cases and explore some ethics violations. This was presented in Philadelphia on July 30, 2015.
Attorney Marketing (Ads, Social Media) / The Cloud - Concerns for LawyersJennifer Ellis, JD, LLC
This is a presentation for PAELA (Pennsylvania Elder Law Association) on 2/21/2015. It is a two part presentation. The first part is on attorney marketing (including legal ethics.) I address ads on Facebook and Google as well as using social media for legal marketing. Then I address the cloud and its use by lawyers. I focus on the factors to consider when finding a provider. I also discuss email and making certain not to use free services, but instead to use Google Business or Office 365.
To learn more about Form I-130, Petition for a Sibling, please contact Elizee Hernandez Law Firm at (305) 371-8846, or on our website www.elizeehernandez.com.
What (and How) To Ask Your Parents About Their Estate PlanningCohen and Company
Discussion on estate planning for aging parents, including three fundamental documents every parent must have, why proper titling of assets is so important, benefits of having a trust and more.
This session will cover the latest information on the Illinois Dream Act, the Guide to Advising Undocumented Students, tuition rates, college application tips (i.e. SS# and affidavits), scholarships and other pertinent information pertaining to undocumented students in the state of Illinois.
Obergefell v. Hodges: Michigan Probate and Estate Planning Issues Impacting S...Howard Collens
With the June 26, 2015 Supreme Court decision in Obergefell v. Hodges, the landscape in Michigan probate and estate planning has changed. This presentation explores areas of impact.
Sari Friedman Lawyer - Brief Introduction and Explanation about Famiy Laws Sari Friedman & Friedman
Sari Friedman Lawyer has published many articles on divorce law, family law matters and achieved many awards. Family law matters include divorce cases, child custody, adoption, etc.. Some relations need legal identities like marriage and adoption. We require a proper legal papers as a proof for these relations. Family law expert and divorce expert Sari Friedman Lawyer are explaining the procedures that we need to follow in divorce cases.
All people in the United States, regardless of immigration status, have certain rights and protections under the U.S. Constitution. Knowing and asserting rights can make a huge difference in many situations, such as when ICE agents go to a home. The information included in this resource guide provides students, families and school staff with critical information for working together to assert the rights of all within the LAUSD school community.
Annulment of Marriage Laws in India,Annulment or Nullity of Marriage,deference between annulment and divorce,annulment of marriage under Hindu Marriage Act 1955.
Slides for a presentation on how to research social media. I discuss legal, ethical and privacy issues in accessing social media. I address specific sites and explore how privacy settings impact searches. I also discuss whether sites will cooperate with subpoenas along with getting the other side to download and provide accounts. In addition, I go over some question you will want to ask during the discovery process. Last I mention some specific cases and explore some ethics violations. This was presented in Philadelphia on July 30, 2015.
Attorney Marketing (Ads, Social Media) / The Cloud - Concerns for LawyersJennifer Ellis, JD, LLC
This is a presentation for PAELA (Pennsylvania Elder Law Association) on 2/21/2015. It is a two part presentation. The first part is on attorney marketing (including legal ethics.) I address ads on Facebook and Google as well as using social media for legal marketing. Then I address the cloud and its use by lawyers. I focus on the factors to consider when finding a provider. I also discuss email and making certain not to use free services, but instead to use Google Business or Office 365.
My focus in this presentation is to show what Google is looking for in relation to search engine optimization. I also briefly address ads, social media and how to pick an SEO firm. I am an attorney presenting to attorneys, but anyone should find the concepts useful. This is meant to be a basic level seminar for those who don't know much about SEO.
For my seminar at the Solo and Small Firm Conference in August, 2013. Explores how the use of social media can impact cases, explains how to find data, provides advice on communicating with clients on social media, and discusses preservation and ethics.
An overview of GLBT health promotion programs at ACON and QAHC: Work to-date and a forward agenda. This presentation was given at the 2008 AFAO HV Educators Conference.
This Spotlight! on National Library of Medicine Resources, will be presented by Siobhan Champ-Blackwell. This presentation offers reliable resources on sexual health, tips on handling the reference interview, and includes sections on resources for teens, GLBT community members, adults, and older adults.
NCompass Live - August 24, 2011.
Cultural Competence Resources for GLBT Health. Delivered at the Diverse Students' Leadership Conference, St Mary's College, Notre Dame, IN. March 2011.
An updated version of my seminar on social media for lawyers. The focus is on legal marketing and networking through social media. Here you will find slides on best practices as well as slides discussing ethical considerations for sites such as Facebook, LinkedIn, Google+ and Twitter.
This presentation was used for the Bridge the Gap CLE at Fordham Law School in January 2015. I co-presented with another family lawyer. My part of the presentation covers the jurisdictional differences between Supreme Court and Family Court, the different divorce paths in New York (e.g., contested divorce, uncontested divorce), Notice of Automatic Orders, matrimonial agreements (e.g, prenuptial agreements), grounds for an annulment and grounds for a divorce, equitable distribution, child support and spousal maintenance.
Bringing a favorable solution family lawyers’tansygeoffery
"Family lawyers in Largo, Maryland provides solutions to daunting and sensitive issues that arise between family members.
• They handle issues that involve family members, including split ups, domestic financial disputes, negotiations and lawsuits
"
"Live in Relationship" made by:- Adv. ANSHIKA PANDEY anshika583320
A live-in relationship also called cohabitation in some countries is an arrangement when two people involved in a romantic and sexual relationship as partners for a long term or permanently, decide to live together without marriage
Doing the proper screening can make a huge different in attracting long terms tenants. Since it costs on average more than $4000 to replace a tenant, landlords should do all that they can to keep good tenants.
I'm Talking about the Big D- Family Law Issues in Agriculture Cari Rincker
Cari Rincker is discussing prenups, children issues (including custody, parenting time and support, spousal maintenance, farm income issues, animal issues, equitable distribution, and farm estate and succession planning issues as it relates to family law.
Everyone deserves legal protection.
At LegalShield, we’ve been offering legal plans to our members for 40 years, creating a world where everyone can access legal protection—and everyone can afford it. Unexpected legal questions arise every day and with LegalShield on your side, you’ll have access to a top-quality law firm 24/7, for covered situations. From real estate to divorce advice, speeding tickets to will preparation, and beyond, we’re here to help you with any legal matter—no matter how traumatic or how trivial it may seem. Because our dedicated law firms are prepaid, their sole focus is on serving you, rather than billing you.
Parenting arrangements after separation can be an emotional minefield and that is before the Family Law Act is considered. Any relationship counsellor who works with separated clients will know that parenting arrangements under the Family Law Act are not straight forward nor easy to understand. Let us navigate you through the terms and the processes to help you make sense of it all. A practical and plain English presentation that will truly help you help your client.
This presentation was made by Director of Brisbane Family Law Centre, Clarissa Rayward in September 2012.
Clarissa made the presentation on behalf of the Family Law Practitioners Association of Qld.
03062024_First India Newspaper Jaipur.pdfFIRST INDIA
Find Latest India News and Breaking News these days from India on Politics, Business, Entertainment, Technology, Sports, Lifestyle and Coronavirus News in India and the world over that you can't miss. For real time update Visit our social media handle. Read First India NewsPaper in your morning replace. Visit First India.
CLICK:- https://firstindia.co.in/
#First_India_NewsPaper
El Puerto de Algeciras continúa un año más como el más eficiente del continente europeo y vuelve a situarse en el “top ten” mundial, según el informe The Container Port Performance Index 2023 (CPPI), elaborado por el Banco Mundial y la consultora S&P Global.
El informe CPPI utiliza dos enfoques metodológicos diferentes para calcular la clasificación del índice: uno administrativo o técnico y otro estadístico, basado en análisis factorial (FA). Según los autores, esta dualidad pretende asegurar una clasificación que refleje con precisión el rendimiento real del puerto, a la vez que sea estadísticamente sólida. En esta edición del informe CPPI 2023, se han empleado los mismos enfoques metodológicos y se ha aplicado un método de agregación de clasificaciones para combinar los resultados de ambos enfoques y obtener una clasificación agregada.
‘वोटर्स विल मस्ट प्रीवेल’ (मतदाताओं को जीतना होगा) अभियान द्वारा जारी हेल्पलाइन नंबर, 4 जून को सुबह 7 बजे से दोपहर 12 बजे तक मतगणना प्रक्रिया में कहीं भी किसी भी तरह के उल्लंघन की रिपोर्ट करने के लिए खुला रहेगा।
01062024_First India Newspaper Jaipur.pdfFIRST INDIA
Find Latest India News and Breaking News these days from India on Politics, Business, Entertainment, Technology, Sports, Lifestyle and Coronavirus News in India and the world over that you can't miss. For real time update Visit our social media handle. Read First India NewsPaper in your morning replace. Visit First India.
CLICK:- https://firstindia.co.in/
#First_India_NewsPaper
An astonishing, first-of-its-kind, report by the NYT assessing damage in Ukraine. Even if the war ends tomorrow, in many places there will be nothing to go back to.
04062024_First India Newspaper Jaipur.pdfFIRST INDIA
Find Latest India News and Breaking News these days from India on Politics, Business, Entertainment, Technology, Sports, Lifestyle and Coronavirus News in India and the world over that you can't miss. For real time update Visit our social media handle. Read First India NewsPaper in your morning replace. Visit First India.
CLICK:- https://firstindia.co.in/
#First_India_NewsPaper
31052024_First India Newspaper Jaipur.pdfFIRST INDIA
Find Latest India News and Breaking News these days from India on Politics, Business, Entertainment, Technology, Sports, Lifestyle and Coronavirus News in India and the world over that you can't miss. For real time update Visit our social media handle. Read First India NewsPaper in your morning replace. Visit First India.
CLICK:- https://firstindia.co.in/
#First_India_NewsPaper
Here is Gabe Whitley's response to my defamation lawsuit for him calling me a rapist and perjurer in court documents.
You have to read it to believe it, but after you read it, you won't believe it. And I included eight examples of defamatory statements/
GLBT Representation in Pennsylvania - A Broad Overview
1. GLBT Legal Representation – A Broad Overview
PBA Solo and Small Firm Practice Section Conference
Pennsylvania Bar Institute
August, 2013
Jennifer Ellis
Lowenthal & Abrams, PC
Jennifer Ellis, JD Consulting
Jennifer@jlellis.net
www.jlelis.net
4. Law is in Flux
• Much may change over the next year or so
• Application of some laws and cases unclear
5. Coming Out
• Acknowledging Sexual Orientation to:
• Self
• Family
• Friends
• World
• Constant process
• Can impact the attorney/client relationship
6. Reaching GLBT Clients
• GLBT clients want to:
• Feel welcome
• Understood
• Make certain lawyer understands unique needs
• In Marketing
• Make clear you welcome GLBT clients
• Pages using appropriate keywords on website
• Make clear you are up on the law
7. Windsor
• Tax case
• Windsor married in Canada
• Resided with partner in New York
• Federal government refused to recognize marriage
• Required payment of almost $400k in taxes
• Court found
• Portion of DOMA Unconstitutional
• Used Equal Protection Grounds
• Court did not find
• Fundamental right to marriage throughout United States
8. Practical Result
• Over 1100 federal marriage benefits available to legally married gay
individuals
• Already having impact
• Deportation halted on non-citizen spouse for a legally married gay couple
• Benefits available for federal employees
• Army rapidly making changes to recognize same-sex spouses
• Philadelphia Federal case- found for wife in relation to firm profit-sharing plan
9. Details of Profit Sharing Case
• Married in Canada
• Lived in Illinois
• Pennsylvania Firm (Cozen)
• Estranged Family
• $49,000 in dispute
• Judge found for spouse based on Windsor
• Did not address state law
• Only applicable when not preempted by federal law
• ERISA preempts Pennsylvania law
10. Judge C. Darnell Jones’ Reasoning
"Following the court's ruling…the term spouse is no
longer unconstitutionally restricted to members of the
opposite sex, but now rightfully includes those same-
sex spouses in otherwise valid marriages…There can be
no doubt that [Tobits] is Ms. Farley's 'surviving spouse'
under the plan in light of the Supreme Court's
decision.”
11. Application to Pennsylvania
• Uncertain
• Many federal benefits based on legality of marriage in the jurisdiction reside
• President Obama has stated wishes to change
• Example – Taxes
• Married in Maryland (legal marriage)
• Live in Pennsylvania
• Cannot file as married
• Note – Some Disagree
12. Pennsylvania Law
• Mini-DOMA
• Marriage is between a man and a woman
• No Commonwealth wide protections based on orientation
• Many municipalities have their own laws offering protections
• Check appropriate municipality
• See page 326 for a current list
13. Recent Actions
• SB/HB300 introduced seeking to protect GLBT individuals
• More support than previous efforts
• Expectation of bill allowing for gay marriage
• ACLU sued in Middle District Court to have PA’s DOMA declared
unconstitutional
• Montgomery Count Registrar of Wills began providing marriage
licenses to same-sex-couples
• Suit filed to halt
• Question as to legality of licensed marriages
15. Family Law
• Legally married in another jurisdiction?
• How federal benefits determined?
• Are the benefits applicable to your clients in Pennsylvania?
• Obama can change application in some cases through executive order
• Watch for sudden changes
• Marriage is not legal in Pennsylvania
• Divorce laws do not apply
• Protect your clients
16. Protecting Cohabitating or Married Couples
• Prepare all documents possible to provide protection
• Health care powers of attorney
• Financial powers of attorney
• Will
• Cohabitation agreement
17. Cohabitation Agreements
• Treat as if preparing a premarital or postmarital agreement
• Each person should have own lawyer
• Full disclosure listing
• Assets
• Liabilities
• Income
• Follow Simeone
• Make clear agreement is intended to legally bind both parties
• “Intending to be legally bound”
18. Items to Include in Cohabitation Agreement
• Property disposition
• Sharing of income and expenses
• Management of finances
• Separate property stays separate
• Future obligations if relationship ends
• Plan for termination of relationship
• Remedies for breach
• Life insurance requirements
• Estate planning issues
19. Remember
• Different states without same-sex marriage have different levels of
hostility
• Virginia doesn’t always recognize contracts between same-sex partners
• Some judges are unwilling to recognize documents
• Make certain clients understand the issues unique to their inability to
marry and issues that can arise if they move or even travel
20. Rights Can Change By Jurisdiction
• Married in Maryland
• Traveling in a state which does not recognize gay marriage
• Could be refused access in a health crises
• Provide health care power of attorney
• Tell couple to travel with it
21. Real Property
• Consider best financial approach
• Join tenancy or tenancy in common
• Prepare for taxes
• Life insurance?
• Other inheritance?
• Proper estate planning to prepare is crucial
22. Personal Property
• Will be considered gifts
• Not mutually owned property
• Difficult to claim unjust enrichment during dissolution of relationship
23. Children
• Many same-sex couples have children
• One spouse parent prior to relationship
• Adoption
• Surrogacy or other method
• Pennsylvania allows for second parent adoption
• Legal relationship?
• Same as any other parent/child relationship
24. No Legal Relationship with Child?
• Non-biological parent is a third party
• No standing unless can prove in loco parentis
• Must prove continued relationship is in the best interests of the child
• Court will assume custody with biological parent
• Does not preclude visitation or shared custody
• If biological or legal parent unfit, does not preclude total custody
• Best interests of the child in cases of drug use or abuse
25. Prepare for the Worst
• Draw up a co-parenting agreement
• Make it clear that the non-legally related parent stands in loco parentis
• Show intention for future care
26. Child Support
• Same as for any couple if there is a legal relationship to the child for
both parents.
• Frequently granted if proof of relationship between non-legal parent
and child
• Especially when seeking custody or visitation rights
27. Estate Planning
• Location of real property and marital status can impact due to
Windsor
• Remember tax considerations
• Regardless of marital status if reside in Pennsylvania
• Common for surviving spouse to lose property due to poor estate planning
• Consider
• Retirement
• Gift planning
• Proper designation of beneficiaries
• All usual planning tools
28. Estate Planning - Children
• Non-legally related children need to be provided for
• Stress importance of documents to protect children in such cases
29. Unique Problems
• Client may not tell you he is gay
• Sometimes GLBT individuals are estranged from their families
• Makes contest or problems even more likely
• Watch out for potential interference with assets and medical care
decisions during illness, incapacity or death
• Try to get client to make you aware of any potential for contest from
hostile family members
30. Employment
• In discrimination cases, check to see if a law exists to protect client in
jurisdiction
• If yes, handle case similarly to any other discrimination claim
• In all jurisdictions seek to determine if state and federal laws can help
• Gender stereotype issues especially common
• Frequently impacts transgendered individuals
• Check company policy on discrimination
• Seek to enforce policy
• Case law constantly evolving
31. Employment Benefits
• Explore available benefits with client
• Some employers provide same-sex benefits
• Some clients will be unwilling to reveal orientation to obtain benefits
• Remember, federal employees have marital benefits now
• If in a state with same-sex marriage
• Not in states with civil unions or no same-sex marriage at this time
32. Criminal Law
• Safety
• Gay bashing is still a common crime
• Victim may not be willing to admit why attacked
• Heterosexual individuals perceived to be gay also at risk
• Understand the issues surrounding anti-gay attacks if approached by
a client
• Remember issues surrounding being closeted
• Hate crimes at the federal level
34. Testimony
• Even if legally married in another state, can be forced to testify
against spouse in Pennsylvania
• Kentucky case currently analyzing whether one same-sex spouse can be
forced to testify against another
• Legally married in a different state
36. Unique Considerations
• Rights can change while traveling
• Different states respond differently
• Can be issue obtaining divorce once married
• Check residency requirements for divorce
• Discuss impact hostile family members can have on estate plan,
health care decisions and other related issues
37. Comfort
• Make it clear to your potential client
• She can be comfortable with you
• You are up-to-date on issues impacting same-sex couples
• Be readily available in case your clients encounter a problem while
traveling
38. Stay Current
• The law is changing moment by moment, law by law and case by case
• Be prepared to discuss changes with your clients
• Reach out when necessary to make sure appropriate documents are complete