Unfortunately, same-sex couples' rights are sadly lacking in many parts of the country. While in Massachusetts, same-sex marriage is allowed and seen positively, in other places many of the same-sex couples' rights are denied. Fortunately, in one state, clear progress can be seen when a lesbian mother has been allowed to file a paternity suit for her child in a groundbreaking case.
Salem Divorce Law Blog
Same-sex couples rights affirmed when lesbian mom files paternity
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Michael Jackson's bodyguard asserts paternity claims over his son
For Massachusetts fathers, one of their most powerful means they can have to assert their parental rights is through paternity claims. Once initiated, an investigation whether the paternity claim is true can commence. If the claims are corroborated, this can allow for child custody changes or visitation to be modified accordingly so that the father can then share in his child's life, depending on the facts and circumstances surrounding the case.
The power of these claims can especially be seen in a new development in which a former bodyguard of Michael Jackson has stepped up and asserted paternity claims for one of Michael Jackson's sons.
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Private eyes get involved in Massachusetts alimony cases
For Massachusetts residents who are receiving alimony checks, it may be a good idea to look around your surroundings a little bit closer. Someone may be watching you. Interestingly enough, your behavior could have an impact on the status of the alimony payments you currently receive.
In the past, alimony payments could be stopped when the ex-spouse who received payments was remarried. However, with shifting societal attitudes toward marriage and relationships, many unmarried couples live with each other and some couples never intend to get married. This, in turn, could cause problems for ex-spouses who are ordered to pay alimony to their former spouses who may be living with another partner without the intent to marry.
Drawn-out, contentious high net-worth divorce finally settled
A high net-worth divorce case can be one of the most complicated cases for Massachusetts couples. In some cases, there are things which a partner is willing to part with easily. However, when the assets to be divided are substantial, as is the case for one couple, a high net-worth divorce case can quickly become more complicated and can take more time to determine the particulars.
The couple was married for 15 years before deciding to split. After filing a divorce petition in October 2007, they began to confront the division of their assets they accrued over their marriage. In total, they had an estimated $71 million in assets.
At first, it seemed as if separation, though not an easy task, would be relatively straight-forward. However, as the couple continued negotiating, they encountered certain problems. For instance, several allegations surfaced that the wife allegedly had an affair and purportedly was involved in illegal investigations. However, these and other issues were apparently resolved in a settlement, and it is said that the divorce will finally move forward. By April 2012, they had successfully split $46 million, or 70 percent of their assets and are currently discussing lingering money disputes.
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Finding fault in divorce -- go "where no one has gone before"
There is a reason why Americans choose to make the concept of a no-fault divorce part of their culture. While some might argue that no-fault divorces make it too easy to dissolve a marriage, it eliminates the process of assigning blame to one party which often results in long drawn-out proceedings with only bitter feelings tied in.
For Salem residents, a high net-worth divorce can lead to a complex division of property. While the state of Massachusetts is no fault divorce state, it is also an equitable distribution state; meaning that a judge will decide what a fair distribution of property is -- not necessarily a 50/50 split.
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Residency requirements open doors for same-sex divorces
A complex legal issue that is popping up in different states and continues to be addressed in the courts was discussed here previously on the blog. We have news about another new important case involving same-sex marriage and divorce laws.
A Rhode Island man is in the midst of trying to divorce his husband after getting married in Massachusetts. Because of Rhode Island's current laws pertaining to same-sex marriage and divorce, he was forced to move to another state to pursue a divorce.
Divorced man stuck with Madoff-scheme losses
Divorced couples in Massachusetts may believe their final court order settles everything. At the end of the dissolution process the court attempts to ensure that there has been an equitable distribution of assets. However, the court order is not always the end of the line for divorced spouses.
A divorced spouse may hire an attorney and bring a matter before an appeals court when something changes in the case. An ex-spouse might believe there is a substantial change in information about assets that were divided and hire a lawyer to take a new action, such as seeking relief from an appeals court. Such was the case in a New York appeals court.
Judge allows same-sex couple to divorce
While more states have legalized same-sex marriages, gay couples whose marriages have fallen on hard times continue to find it difficult to legally divorce their spouse. The problem is that some states feel by permitting a same-sex divorce, they are by default acknowledging same-sex marriage.
For example, two women who were married in Massachusetts later moved to Texas, a state that does not recognize same-sex marriage. When the women began divorce proceedings in February 2011, Texas' general attorney, attempted to stop the judge from allowing their dissolution.
Boston residents learn of one lawmaker's view on civil unions
With this year's elections hot on the horizon, many politicians are working the circuit to plug their parties' political agenda and push new legislation and/or alter existing laws. One of the focus areas for many lawmakers has been the topic of same-sex marriage and divorce. While more states are passing laws to allow same-sex marriage or civil unions, it still remains a heated topic for many states throughout the nation.
In New Hampshire, one state lawmaker has his own vision for how to get rid of the 2010 gay marriage law. He has sponsored a new bill that would give voters the opportunity to cast their vote on a nonbinding ballot question. The issue at hand for voters to decide, if his bill passes, is whether New Hampshire should give new life to a 2007 law on civil unions.
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Boston spouses and parents should beware Smartphone use
Amidst the evolution of evidence introduced in Massachusetts' divorce matters, some parents find that what they post online or text message to friends or family can impact custody decisions in court. In fact, the contents of the other parent's Smartphone may provide key substantiation of improper conduct. These new devices and online venues have forced divorce attorneys to become more ingenious in their discovery efforts during their client's divorce case.
A Smartphone is a treasure trove of personal data that can be stored for long periods of time, even years, and can reveal much about the other parent's moral character and activities.
