Wellesley 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
Wellesley divorce attorney at
Barach law Group LLC 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.
Schedule a Free Consultation Today
Our Wellesley 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.