October 2013

Massachusetts: same-sex couples divorce could be more difficult

Same-sex couples in Massachusetts have expressed their excitement over being able to legally marry. While many have been fighting for this right for quite some time, what they may not have thought about was the divorce process. A recent article touched on some of the reasons why a same-sex couple could have a difficult time getting a divorce. One of the biggest obstacles couples are facing is that a limited number of states recognize same-sex marriage. Many couples have moved since marrying and are now attempting to divorce in a state that does not recognize their marriage. Although several couples have tried to fight this, most cases will require the couple to establish residency in a state that does recognize the marriage before they will be able to start the divorce proceedings. This can obviously be a time consuming process. Another issue arises if the couple has children. In many instances, the biological parent will be the one to receive legal custody which could have a substantial impact on the proceedings. One suggestion is for the non-biological parent to adopt the child which would give them rights to the child as well in most cases. Any same-sex Massachusetts couple trying to file for a divorce could benefit from researching the applicable state laws and determining the best way to move forward with necessary action. As mentioned earlier, if children are involved, a parent could benefit from taking additional steps to ensure all custody concerns are addressed. Having the proper knowledge

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Health insurance plays into property division

Having solid health insurance coverage is an important consideration for many Massachusetts spouses who are considering filing for divorce. In most cases, spouses who are covered under their partner’s employment benefits will lose that coverage once their divorce is made final. In these scenarios, it is important that the cost of obtaining new coverage plays a role in the property division portion of the divorce process. If and when the Affordable Care Act (ACA) is fully up and running, many people may be able to access health care at rates that they can work into their budget. This may give some the ability to move forward with a divorce filing. For those who have postponed divorce for a long time, the ACA may come as a welcome relief. There is no need to wait for the ACA to factor into one’s decision to divorce, however. By including the cost of health insurance into the property division negotiations, spouses can ensure that they have the financial means to purchase their own insurance coverage. It is possible to negotiate a settlement that either nets more in spousal support, or gives a greater share of assets that can offset the cost of buying insurance. As with all other matters surrounding a Massachusetts divorce, being fully informed about the manner in which divorce will affect one’s health coverage is important. Spouses who are aware of the ramifications of various settlement options are better prepared to make wise negotiating decisions. Divorce is a new beginning,

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Property division tips for Massachusetts couples

One of the most stressful aspects of a divorce is the process of dividing marital assets. This is understandable, considering that the results of the property division process will have a great deal of impact on each spouse’s financial stability in the years to come. Many Massachusetts couples struggle with property division concerns, and are unsure how to proceed once the decision has been made to end the marriage. One of the most important things to keep in mind when divorce is on the table is that the process of dissolving a marriage is, at the most basic level, a business transaction. While there is an undeniable emotional component to divorce, it is imperative that each spouse is able to focus on the decisions at hand in as objective a manner as possible. When it comes to divorce, emotions are best left out of the equation. A related issue that can lead to divorce trouble involves crumbling under pressure. There are bound to be times at which one’s grace and composure will be tested, However, losing control of one’s emotions and lashing out will only serve to weaken that individual’s position. While it can be a challenge, try to handle each situation with a calm head and an even keel. In many cases, Massachusetts spouses who experience a difficult divorce are in large measure responsible for that scenario. A wide range of property division problems can be avoided by simply removing the emotional charge from various situations surrounding a divorce.

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Emotional health a serious component of father’s rights

For men in Massachusetts who are struggling over child custody concerns, there is evidence to suggest that serious harm can come from failing to adequately address one’s emotional needs. A recently released study took a look at the physical and mental health effects that divorce can bring. The results suggest that men in particular have reason to be concerned. Those who are engaged in a fight for father’s rights should take note of this research, and make a concerted effort to get the care that they need and deserve. The study, published in the Journal of Men’s Health, found that men who have divorced or are unmarried have a mortality rate 250 times that of men who are married. In many cases, premature death was caused by heart disease, stroke or hypertension. In addition, the rate of suicide among divorced men was 39 percent higher than that of married men. Divorced men were even more likely to suffer from the common cold. These findings make a significant statement about the health effects that can come from stress. Men who are going through a divorce or child custody battle should heed the unspoken warning that these and similar statistics provide, and make every effort to care for their physical and emotional well-being. Our society projects men and fathers as being tough, strong and invincible. In reality, however, the emotional trauma of a significant life event such as divorce can harm both men and women. For Massachusetts men who are struggling with

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