Massachusetts Gay and Lesbian Divorce Attorney
Because same-sex marriage is relatively new, same-sex divorce can quickly become a tangle of questions, concerns and doubts. Officially, the rules governing divorce, child support, alimony, custody and property division are the same as they are for opposite sex partners.
Advising Clients About the Same-Sex Divorce Process in Massachusetts
At Massachusetts Family Law Group, our Dedham and Woburn lawyers handle gay and lesbian divorces. We advise clients about the process, which is the same as in any other divorce that starts by filing the Complaint and the Domestic Relations Summons. This triggers an automatic restraining order that prevents either party from moving assets or transferring funds. The next steps are the discovery of financial documents and filing motions seeking temporary orders until the divorce is finalized. In short, the divorce process follows the same path as any other divorce.
Our attorneys advise same-sex clients about their options and talk with them about the obstacles they may encounter during the process. With more than more than 100 years of combined legal experience, our lawyers have the knowledge and understanding of this area of Massachusetts family law needed to be strong advocates for our GLBT clients.
Why Same-Sex Divorce Is Different
There are several differences that exist between traditional divorce and divorce for gay, lesbian, bisexual and transgender couples:
- Lack of recognition of your marriage in other states. In 2010, only Massachusetts, Connecticut, Iowa, Vermont, New Hampshire and Washington D.C. recognized same-sex marriages.
- Ambiguity about your status and rights as a parent
- Issues related to the length of time you lived in Massachusetts
- Issues related to the length of time you and your partner were together, as opposed to the length of the time you were married. Because same-sex marriage became legal in the Commonwealth less than 10 years ago, couples who acquired property together before they were allowed to marry may be able to argue that property acquired before the marriage be subject to Massachusetts' equitable distribution rules.
- Limits to the application of tax benefits and other federal protections to same-sex married couples. Due to DOMA (Defense of Marriage Act), same-sex couples are not afforded tax breaks for transfers between spouses, the deduction for alimony or QDROs.
- Lack of availability of health insurance benefits and limits to estate planning advantages
If you find yourself in a situation where divorce is a possibility, talk with an experienced attorney from Massachusetts Family Law Group. Our lawyers understand the issues that are specific to same-sex divorce in Massachusetts.
For more information, call a Boston same-sex partner divorce attorney at 800-763-1030 or send an e-mail to schedule a free initial consultation. We represent clients in GLBT divorce matters the Probate and Family courts in Norfolk, Essex, Suffolk and Middlesex counties and throughout Massachusetts.
For uncontested divorce matters, visit our Flat Fee Divorce page.