Massachusetts Gay Divorce Lawyer (Same-Sex Dissolution Attorney)
On May 17, 2004, Massachusetts became the first state in the nation to allow same-sex couples to marry. The laws that govern traditional heterosexual marriages also apply to same-sex marriages. As of 2008, same-sex couples from anywhere in the country can legally get married in Massachusetts without intending to reside permanently in the State. Yet the couple’s marriage may not be recognized in their home state and therefore getting a divorce can become extremely complicated. In order to obtain a divorce in Massachusetts, one spouse must be a resident of the State. However, if the grounds for divorce occurred outside the State, the plaintiff must have resided in Massachusetts for one year prior to filing for divorce.
Alimony & Child Custody Issues
The courts recognize that only one spouse in same-sex marriages can be the biological parent of a child. If the other spouse has not legally adopted the child, there can be no legal claim for child custody, support or visitation. The Defense of Marriage Act (DOMA) was enacted by the federal legislature on September 21, 1996. Therefore, the federal government does not recognize same-sex marriages because DOMA defines marriage as a union between a man and a woman. This means that the Internal Revenue Service (IRS) does not allow gay people making alimony payments to claim these as a tax deduction.
Dividing Property & Assets
The State of Massachusetts is an equitable distribution state. When a couple is seeking a divorce, the law requires them to split up the assets and property in a fair and equitable manner. The family court will usually take the following into consideration:
- The length of time the couple was married
- The conduct of each party during their marriage
- The age, health and occupation of each spouse
However, this can become difficult for judges when gay couples who are fighting it out in court contend they would have been married longer if the law had allowed it. Many of these couples have lived together for years but they were not legally allowed to get married.
When a heterosexual couple divorces, the pension and retirement plans are usually split down the middle. Yet same-sex couples dividing retirement and pension plans are required to cash these out during divorce, and this can have a huge tax implication. Many same-sex dissolution attorneys will recommend that the couple draft a cohabitation agreement prior to getting married. This contract should detail the rights, responsibilities and obligations of each party in the event that their marriage breaks down.
Hiring a Massachusetts Gay Divorce Lawyer
Getting a divorce is always a difficult time in anyone’s life. Even though the laws governing divorce should apply equally to both heterosexual and same-sex couples, this is not always the case. That’s why it is important to hire a Massachusetts gay divorce lawyer who is experienced and knowledgeable about these laws. If you are contemplating splitting with your partner, please contact us today so we can provide the legal help and guidance you may need.
Fill out the form on this page to receive a free and confidential phone consultation with an experienced Massachusetts same-sex divorce lawyer.
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