Framingham Same-Sex Divorce Attorney

Helping Lesbian, Gay, Bisexual & Transgender Couples File for Divorce

Since Massachusetts recognizes the rights of same-sex couples who seek marriage, the state also acknowledges the rights of LGBT couples who want to divorce. Same-sex couples are granted the same rights and protections as heterosexual couples.

Since same-sex marriage is still a relatively new area of family law, our Framingham divorce attorney at Saponaro Barach Bingham LLP is a knowledgeable and reliable resource for those who need legal assistance and information about same-sex divorce in Massachusetts. We possess the experience and skill necessary to guide you through the complexities of an LGBT divorce.

Same-Sex Divorce Process in Massachusetts

There is not a separate process for same-sex divorce. No matter what your sexual orientation, the process is just the same in the state.

A complaint for divorce starts the process, which must be filed in the probate and family court. A “no-fault” divorce can be filed based on an irretrievable breakdown of the marriage. Additionally, a divorce in Massachusetts is also available based on faults grounds for adultery, cruel and abusive treatment, desertion or non-support, gross and confirmed intoxication, impotency, and imprisonment for five years or longer.

The following are the potential complexities of a same-sex divorce:

  • Child custody disputes – Under state law, a biological parent of a child has a substantial advantage in a child custody case. However, many LGBT parents rely on assisted reproductive technology (ART) (i.e. artificial insemination and surrogacy) to have a child, which can cause courts to struggle in addressing parenting arrangements. Furthermore, same-sex parents also face long-held stereotypes about gender and parenting in court.
  • Property division difficulties – All assets owned by both parties are considered “marital” in Massachusetts. Before the legalization of marriage in the U.S., many LGBT couples throughout the nation were living together and acting as unofficial spouses prior to officially tying the knot. So if you and your spouse were united by a civil union or a domestic partnership, property division can be difficult.
  • Alimony issues – The duration of alimony payments is determined based on the length of the marriage. However, many same-sex couples have cohabitated together before the legalization of LGBT marriage. If this is the case, it is possible to obtain extended alimony, although this is not automatic.

Our firm understands how complicated same-sex divorces can be, which is why we have what it takes to help you get the most favorable results possible. We can evaluate your case and determine all of the legal actions available to you.

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Our Framingham divorce attorneys will aggressively protect your rights and your future. We will work diligently to ensure your needs and desires are effectively communicated in order to ensure the best possible outcome.

For more information, contact us and speak with our experienced legal team today.

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