There are unique challenges for those who seek same sex Divorce, compared to a heterosexual Divorce. The residency requirement is one year before one partner can file for divorce in Massachusetts if grounds for Divorce occurred outside of the state. This isn’t an issue if you live in the state. However, once Massachusetts became the first state to legalize same sex marriage, many couples came to the state solely to get married. They then returned to their home state. For those couples, divorcing in Massachusetts means one partner must move back here for a year. When there are children, jobs, and homes to consider, this can be a very complicated if not impossible requirement to meet.
Thanks to parts of the Defense of Marriage Act (DOMA) being struck down, the Federal government recognizes benefits to be shared and ultimately split by same sex couples in the event of Divorce. However, there are many couples who have been cohabitating for decades, raising families and sharing finances. If they married a few years ago and now look to split, property division and establishing what constitutes marital property can be complex. Alimony in Massachusetts is based in part on the number of years married. It can seem unfair to only count years married if the right to marry was not an option during the previous years or decades of a partnership.
Because of these complexities and unanswered questions, a couple seeking same sex Divorce needs an attorney with experience and a firm grasp on the Laws pertaining to same sex couples in Massachusetts.
What We Can Do For You
As with any other Divorce, our firm will approach your case with the compassion and sensitivity needed, as Divorce can be a time of great upheaval and emotional turmoil. Even under the best of circumstances and when both parties want the Divorce, the dissolution of the marriage is bound to lead to the need for compromise and concessions. Our Divorce Litigators can work with your soon-to-be ex’s legal representative to garner the best possible resolution. We will also aggressively work to protect your rights and your future. We will work diligently to ensure your needs and wants are clearly communicated. We give each case and client the individual attention needed to ensure the best possible outcome.
During this time of transition, you need a trusted and knowledgeable Legal Advocate in your corner. Let us hear the details of your case and see if we can work through the unique challenges you are facing. Our Firm will fight for you and do all we can to get a quick and favorable resolution so you can move forward.
For questions regarding same sex marriage and Divorce laws in Massachusetts, call The Shapiro Law Group, PC for a free initial consultation. (339) 298-2300.