Same Sex Divorce
Same sex couples can litigate or mediate their divorce to resolve the issues of division of assets and liabilities, custody, parenting schedules, medical insurance and child support. The Commonwealth of Massachusetts respects the legal marriages of same-sex couples regardless of where the marriage took place and Massachusetts explicitly applies its divorce statutes to same sex couples. The federal government will also respect your marriage, thanks to the recent demise of the Defense of Marriage Act (DOMA).
Spouses should note that one of the factors that the Court considers, when dividing marital property and awarding alimony, is the length of marriage. For spouses whose partnership pre-dates marriage equality, the length of the marriage may not correctly reflect the actual length of the relationship. This could result in an unbalanced division of assets. With regards to alimony, Massachusetts courts may (but are not required to) consider a couple’s premarital cohabitation if there is evidence of economic partnership. Mediation can assist same sex couples in crafting a fair and equitable resolution of marital property division and an order of alimony.
In the event that you and your partner have never married, and perhaps have a child together, dissolution of your domestic partnership can be amicably handled in mediation or resolved through litigation.
An opportunity to mediate is always available as an alternative to resolving your conflict through litigation. Lawyers and Judges will never know your family as well as you do, and a chance to communicate, and cooperate in a neutral setting with a mediator can help both of you create a preferred parenting schedule, an agreement regarding the financial support of your child or children and an equitable and fair division of your assets and liabilities.
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