Same-Sex Divorce Legal Advocacy
For 12 years, Massachusetts has allowed same-sex marriage. Now the issue is how those same couples obtain a divorce. Massachusetts treats same-sex divorce the same way as heterosexual divorces. Although the majority of issues surrounding same-sex divorce have been resolved by recent United States Supreme Court cases, there are still problematic areas.
As more same-sex couples get divorced, judges, and lawmakers will need to address these new issues as they arise. It is important to hire an attorney who follows these developments.
Child custody can be an issue depending who is the legal parent of the child. If only one party is the biological parent then the court may need to determine if the other party is a parent, which will affect custody, parenting plan, and child support. The court may look at DNA, intent to conceive, and parenting roles to make this determination. For example, if one spouse is not biologically related to a child, but was a stay-at-home Dad for the past five years, the court may determine that he is a parent. In Massachusetts, a child born to same-sex parents is considered the legal child of both parents. Issues can involve third parties, including surrogates, sperm donors, and birth parents, and each state is handling them differently as individual cases shape this new area of law.
In Massachusetts, one factor in determining the amount and length of alimony is the length of your marriage. Same-sex couples may have been together for years or decades before they were allowed to get married and there is currently no established law as to how that background factors into the alimony calculation.
Sound Legal and Family Law Advice | Free Consultation
The Law Firm of Ullian & Associates, P.C., is at the forefront of family law representation. We understand what is required in same-sex divorce cases. You can contact us online or call 781-848-5980 to schedule your free initial consultation.