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Martin Luther King Day – Respecting Diversity in Family Law

The Civil Rights Movement was the timely catalyst that brought about a collective elevated perspective of equality in America. For many, it was the desperately needed relief necessitated by the tumultuous social and political climate of the time, which echoes are still reverberated today. In passing the Civil Rights Act of 1964, the US legislators finally outlawed discrimination based on race, religion, sex, or national origin. It was a historic piece of legislation that reflected a more accurate view if the people by finally providing recognition of the multi-faceted cultural population of the United States. This month, we honor Dr. Martin Luther King by celebrating something an ideal that’s near and dear to our own hearts – diversity.

At Desai Family Law Group, we set ourselves apart by providing outstanding representation with the assertive, innovative, and experienced professionalism one would expect from a legal team. At the same time, we tend to our clients with the compassion and empathy of an ally during the most difficult of times. Lastly, we rake pride in who we are as individuals, and who we are as a team. It is the delivery of this delicate balance and our own unique backgrounds, which grant us the savoir-faire required to thoroughly understand the nuances that are far too often overlooked by others.

It goes without saying that each family is different. In litigation, heartbreaks and headaches set aside, you are essentially restructuring a household – a responsibility to not take likely, and one where most simply cannot apply a cookie- cutter approach.

Sure enough, there are some quirks of Californian Family Law affect your case in unexpected ways. For instance, as citizens of California, some of the basic stand-out laws that set us apart from the rest of the states in the country. For example:

  1. California is a no-fault state. It only takes one spouse to initiate a divorce or separation action, and no burden of proof is required to show that the other spouse has done anything wrong. A simple check mark in the “irreconcilable differences” will suffice.
  2. Our 50/50 community property rule. Property, assets, and debts acquired during the marriage (which starts from the date of the marriage to the date of separation) will be considered joint acquisitions subject to evaluation and division in settlement. Anything attained before the marriage or after the marriage, is simply separate property that belongs to the person who acquired it.
  3. The “Home State” Law. In child custody cases, the State of California claims jurisdiction over the child(ren)in the proceeding when the child has lived with the parent or guardian for at least 6 consecutive months before the commencement of the custody action.

Of course, these basic family laws come with their respective caveats, but it does add another element to consider. It begs the question, is there a direct relation to the way marital rights and role equality in the scope of different cultures are handled? The quick answer is yes.

We uphold the importance of cultural competency. As mentioned throughout this entire blog, there are cultural nuances that greatly affect your matter at hand. As a family goes through the process of restructuring, we understand clearly that some cultures call for certain roles to be honored. With that in mind, we will find a way to maintain the integrity of the customary conditions for our clients within the boundaries of California law. Truth be told, this sometimes takes a little bit of creativity and finesse. Luckily, we are a team that is always up to the challenge. Trust us to attain the most optimal outcome.

Our team brings a little of our own distinctive flare to our work. Our cross-cultural fluency shows when we handle the international family affairs involved in Indian divorces. We take pride in developing our strong minority relations in the underserved neighborhoods of Los Angeles and Orange County. Our staff is equipped with team members who are happy to communicate with you and your family in Gujarati, Hindi, Spanish, Mandarin, French, and Tagalog.

And so, we thank Dr. King and his contributions towards the civil rights movement for allowing us to do what we love, for you and yours. CALL US

 

 

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