August 2012

Same-sex marriage an issue in ‘Pregnant Man’ divorce

Many in Massachusetts may recall the nationwide coverage of a transgender man who has given birth to three children with his wife of nine years. The couple is now facing a divorce proceeding. Their divorce, however, requires the court to ponder issues of gender identity, and the couple now find themselves embroiled within the current controversy over gay marriage and divorce. The husband in this case was born female, but has undergone extensive surgery over the years, including a recent “final female-to-male gender reassignment surgery” which took place after the couple separated. He went through the legal process to have the state authorize his sex change, and obtained the required documentation prior to the couple’s 2003 wedding. He has also had his birth certificate and passport reissued to identify him as a male. When the couple split, the husband was granted temporary full custody over their three children after he showed video of his wife attacking him. The two are ready to move forward with their divorce proceeding, but have hit a bump in the courts. Despite all of his efforts to establish himself as a man, the judge who is presiding over the case has expressed doubt concerning how to proceed, and is still deliberating about the issue. This case will likely make new headlines in Massachusetts once the court determines how to proceed with the divorce filing. Same-sex marriage is not legal in the state in which the couple resides. Therefore, if the judge deems that the husband

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Collaboration during divorce may ease property division strife

When it comes to divorce, many Massachusetts residents think of it as a stressful, contentious and expensive prospect. We all have friends or family members who have gone through long and difficult divorce proceedings that ended with neither party truly happy with the outcome. However, there is another way to approach divorce that may eliminate many of the negative aspects of the process, and can result in a child custody or property division agreement that both parties can feel good about. The concept, known as collaborative divorce, began in 1990 with a family law attorney who had grown weary of the battles that couples wage at the end of their marriage. He wondered what would happen if attorneys and clients worked together to find a mutually agreeable settlement, rather than simply preparing for an ugly courtroom battle. The movement caught on, and there are now an estimated 22,000 lawyers across the country that are trained in collaborative divorce. The process aims to focus on the common goal of dissolving the marriage and allowing both spouses the ability to move on with their lives. Issues such as child custody and support, alimony and division of marital property are dealt with in a straightforward manner. In some cases, the parties and their attorneys meet together, which can make these negotiations much simpler and faster than a traditional approach, which requires a great deal of phone tag and relay of messages. In addition to a faster dissolution of the marriage, cost is another

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Legal separation may avoid tax consequences, but brings high risk

Many Massachusetts couples find it challenging to know the best approach to ending a marriage. Some couples opt to enter into a legal separation while they determine whether or not to work on saving their marriage. Others move directly to a divorce filing. Each option has its pros and cons, but savvy couples will carefully weigh the financial implications of both choices before moving forward. While a legal separation may help a couple avoid some of the tax consequences of divorce, it can also leave both parties open to a high level of financial risk. A legal separation is a court-approved separation of two spouses, with the responsibilities of each spouse clearly laid out as a part of the agreement. The parties remain legally married, and one advantage of such an arrangement is that the spouses can continue to share benefits such as health insurance. They can also continue to enjoy tax benefits, inheritance rights and access to jointly owned properties. However, there is a degree of risk associated with legal separation, because spouses can also continue to spend jointly owned savings and enter into contracts, leaving open the possibility for a significantly reduced net worth before divorce papers are filed. Many experts advise against legal separation, pointing out that the opportunity to enjoy certain benefits is far outweighed by the risks inherent in remaining legally tethered while the marriage is in a state of flux. For example, if the legal separation outlines a spousal support or child support payment,

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Property division can be more complicated the second time around

When a Massachusetts couple is engaged, the last thing on their minds is how their property would be divided in the event of a divorce. No one want to start a marriage by planning for the details of property division in the event that the union does not last. However, statistics show that one out of every two first marriages will not last. For couples walking down the aisle a second or third time, that number swells to 67 percent. Making matters worse, spouses who face a second divorce are more likely to take a greater financial hit the second time around. One reason that a second or later divorce is potentially more financially damaging is simple: there is often less to be divided. One or both spouses may still be paying alimony or child support from a previous marriage. In addition, many people see a decline in their financial stability when a prior divorce forces the sale of assets such as a home or investments. There could also be tax implications as a result of selling off assets to settle a divorce. Factor in a lethargic economy, a slow job market and a persistent decline in home values, and it becomes easy to see how a second divorce can cause more financial damage than the first. The end of a second or third marriage may also come at a stage in life where retirement is on the horizon. Other spouses may be beginning to experience increased costs associated with

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