Same-sex couples face special challenges when divorcing in Massachusetts

In 2004, Massachusetts became the first state to open civil marriage to same-sex couples. It's been nearly a decade since the first same-sex marriage was performed in The Bay State, and in that time thousands of same-sex couples have tied the knot.

Of course, a lot can happen in the span of nine years. For one thing, although the federal government has not yet recognized same-sex marriage, multiple states have joined Massachusetts in legalizing same-sex marriage (and several others have embraced half measures, like permitting civil unions, recognizing same-sex marriages on a conditional basis or recognizing same-sex marriages performed in other states). On a more personal level, a number of the same-sex couples who were on the ground floor of the marriage boom have found themselves growing apart.

Geography, property division issues and parents' rights frequently come up

Divorce can be a challenge for any couple. Yet, for same-sex couples, untangling a marital union presents a number of unique difficulties.

Jurisdictional issues can create problems when same-sex couples decide to split. A same-sex couple who got married in Massachusetts, lived in Massachusetts the entirety of their marriage and now seeks to get divorced in Massachusetts may be able to avoid this problem. But what about same-sex couples who were married under the laws of another state? Or who married in Massachusetts and now live in a state that does not recognize their marriage? In some cases, same-sex couples living in another state may have to return to Massachusetts to get divorced in a court of law.

The fact that the federal government does not recognize same-sex marriage creates legal issues even for same-sex couples who have never left Massachusetts. For example, extensive legal workarounds are required to provide for equitable distribution of federal benefits like pensions and Social Security. Property division in same-sex divorces can also involve tax considerations that are not present when opposite-sex couples divorce.

When it comes to child custody and visitation, married parents have certain inherent rights. Yet, when a child is the biological offspring of one same-sex partner, the other may not be recognized as a parent in terms of any federal questions unless he or she has officially adopted the child.

Of course, same-sex couples also have to face all the other issues that affect anyone going through a divorce. A same-sex marriage is no exception to the usual complexities of ending a marriage.

With laws changing constantly, it is important to get an attorney experienced in same-sex divorce

Because same-sex marriage is currently such a hot button legal issue, the laws affecting it can change rapidly. For instance, the U.S. Supreme Court heard a case in late March about the constitutionality of the federal Defense of Marriage Act, a portion of which says marriage may only be a relationship between a man and a woman for purposes of federal law. If the Court strikes down this provision of the Defense of Marriage Act, it would have big implications for same-sex divorce. A decision is expected sometime this summer.

If it's time to split up with your same-sex partner, there are a number of challenges you will have to overcome. But, with the right legal help, you can get through divorce and stay abreast of any new legal developments. Talk to a Massachusetts family law attorney with experience in same-sex divorce to explore your legal options.

Article provided by Cunha & Holcomb, P.C.
Visit us at www.cunhaholcomb.com

Contact Information: FL Web Advantage


More information you can also find on website: Lexington Law

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Same-sex couples face special challenges when divorcing in Massachusetts

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How to minimize the financial impact of divorce
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How to minimize the financial impact of divorce

Most people that end up getting a divorce see signs that their marriages may be in trouble. Minor disagreements may start turning into major arguments. The couple may be spending less time together. Perhaps one of the spouses may have recently lost a job, leading to financial problems that place more strain upon an already troubled marriage.

Some marriages are able to withstand these challenges, and the spouses emerge from these troubled times even more committed to one another. For those unable to make a relationship work, they may feel that a divorce will be the only way to resolve the difficulties they are having with their spouse.

When a couple is going through the divorce process, they may not have any idea about the extent of the changes that they will soon be experiencing. As part of the divorce, if the couple had children, they will need to determine a child custody agreement that allows each parent to continue to be a major part of the child's life. This can be extremely difficult for both parties to agree to, and may even require the court to make a determination that is in the child's best interests.

The other major area that will need to be addressed concerns the division of property that the couple has accumulated during the marriage. In some divorces, there will often be disputes over how the property should be divided.

An individual considering filing for divorce should be sure to take extremely accurate and detailed records of finances prior to filing. Once one spouse files, the other may try to hide or conceal assets to remove the property from the divorce proceeding. If the couple owns a business or other high-value investments, it will be crucial to have these assets examined by financial professionals to get an accurate determination of what they are worth.

The division of property can result in spouses seeing savings and retirement accounts severely reduced, but the couple may have other financial concerns that will need to be addressed. In many marriages, both spouses have jobs that allow them to contribute to the family's budget. After divorce, these individuals will only have one income to work with, which can cause significant financial hardships if the individuals do not properly plan for the future.

If you are considering a divorce, take the time to speak to a family law attorney in your area to understand how best to proceed. While no one wants to go through a divorce, going through the process without planning could make things much more challenging for you and your family.

Article provided by Richard T. Bell & Associates, P.C.
Visit us at www.rtbell-law.com

Contact Information: FL Web Advantage

Source:
How to minimize the financial impact of divorce

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