As the first US state to legalize same-sex marriage, Massachusetts leads the nation in recognizing the rights of lesbian and gay couples. In Massachusetts, LGBTQ spouses have the same rights and opportunities as heterosexual spouses, which include the ability to file for divorce. However, while LGBTQ couples can pursue divorce the same way as traditional couples, they may encounter unique legal issues in a same-sex marriage.
If you are an LGBT spouse considering divorce or responding to a divorce filing, it’s wise to have a knowledgeable attorney on your side. In the Boston area, contact Goldman Law, LLC. Our divorce lawyers are top-rated and have been named Clients’ Choice in the field of Divorce. We’re ready to listen to your situation and fight for what you’re entitled to. Call us today at (617) 668-1718
What are the Steps for Same-Sex Divorce in Massachusetts?
The Massachusetts Probate & Family Court handles LGBTQ divorce the same way as any traditional divorce. The basic process is the same:
- One spouse files a divorce complaint, or both spouses file a joint petition for divorce.
- If only one spouse has filed, the other spouse must file a response agreeing or disagreeing to the divorce terms.
- If the divorce is contested, the couple goes through a negotiation stage where they try to resolve the disputed matters. Once they find a mutually favorable resolution, they can create a written agreement for the court to finalize as their divorce decree.
- If they cannot reach an agreement, the case will proceed to trial where the judge decides on disputed matters.
Whether in a traditional or nontraditional divorce, each spouse is best advised to have a lawyer, especially if the split is highly contested. A competent attorney should protect your rights and entitlements, and efficiently negotiate for a resolution.
Unique Issues to Prepare for in Same-Sex Divorce
In any type of divorce, certain legal matters may need to be resolved such as property division, alimony, child custody, and child support. This applies to divorcing LGBT couples as well, but they may have to prepare for additional complexities such as the following:
The true length of the union affects divorce determinations.
Many LGBT couples entered a domestic partnership before getting married, especially because same-sex marriage was legalized in Massachusetts only in 2004. This means that they were in a legal partnership even before they got officially married. Upon divorce, the actual length of their partnership, not just their official marriage, may factor into certain issues.
One is property division. Under Massachusetts law, marital property – or property that was acquired during the marriage – is eligible to be divided between divorcing spouses. But for couples who were in a domestic partnership before marriage, it can be more challenging to establish which of their assets are marital property and which are their respective separate property.
For example, if a couple bought their home while they were domestic partners, would it count as marital property? What if only one spouse (or partner) bought it? A skilled lawyer will be crucial in determining questions like this.
The duration of the marriage is also a factor in calculating alimony. Typically, that means the number of years the couple was officially married, but it is possible to contend that the duration of the union was longer due to domestic partnership. Longer duration of marriage likely results in a greater alimony award.
Parental rights and support could be at risk in LGBT divorce.
It’s common among gay or lesbian couples that one spouse isn’t a biological parent of their child. Some couples adopt while others go through procedures such as artificial insemination or surrogacy. In these cases, the non-biological parent will be unprotected upon divorce unless they take extra measures to secure their parental rights. Likewise, a biological parent who seeks child support will also face legal hurdles if their partner hasn’t acknowledged parenthood.
In determining child custody, for instance, Massachusetts presumes that the biological parent (in most cases, the birth mother) has legal custody of the child by default. The non-biological parent will have strong legal standing to fight for custody only if they have legally acknowledged their parentage, such as by having their name on the child’s birth certificate or by adopting the child. Even then, a contested custody case will have to be heard by the judge.
In the same sense, a non-biological parent will likely not be obligated to pay child support unless they have legally adopted the child or acknowledged parentage. This will be a challenging case for a biological parent who needs child support after divorce.
In both scenarios, you’ll need a competent divorce lawyer to assert your rights.
What Goldman Law Can Do For You
The divorce attorneys at Goldman Law are experienced in untangling complex divorce cases, including contested same-sex divorce. We can help you navigate Massachusetts divorce laws as they apply to your situation, whether that involves:
- Same-sex property division
- Same-sex alimony
- Child custody and visitation for LGBT couples
- Adoption issues
- LGBT marriage from out of state
- Domestic partnership issues
- Prenuptial or postnuptial agreements
- And more.
Contact Goldman Law – Top-rated Divorce Lawyers in Boston
Recognized as Clients’ Choice for Divorce Cases, the lawyers at Goldman Law, LLC can find divorce solutions for you that are efficient, fair, and highly satisfactory. We are based in Newton, MA and serve Middlesex County, Suffolk County, and all of Greater Boston. Call us at (617) 668-1718 to discuss your case.
