October 2014

Divorce in Massachusetts for same-sex couples

Massachusetts has recognized same-sex marriage for a decade. With marriage comes the possibility of divorce. Divorce and ending domestic partnerships can be difficult and complex undertakings for anyone, but this is especially true for same-sex couples because the law has not always been clear on the rights of these individuals. Still, couples in same-sex relationships have many of the same concerns as their different sex counterparts, including property division, handling of debt, issues of alimony and tax considerations. Another frequent source of concern for married couples or those in domestic partnerships is how to handle issues related to children that resulted from the relationship. Visitation and child support can be contentious matters, and that is the case even when a couple was married when the child was born or adopted. If a couple had a serious relationship that resulted in a child or children, but the couple never married, this can make determining support, custody and visitation even more complex. The good news is that unmarried couples with children have become increasingly common in the last 50 years, so there are far greater options for non-married parents who want to continue relationships with their children. If you are considering a divorce or terminating your relationship with the parent of your child, a variety of legal considerations needs to be accounted for. Many of these issues can be decided out of the courtroom, but however they are determined, understanding the law can be beneficial to obtaining an equitable outcome. For more

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How paternity is established in Massachusetts

Residents of Massachusetts may establish paternity with the court by filing with the court, the city clerk or the registrar of vital records. If the documentation is passed through a clerk or registrar, these entities are responsible for sending it to the state juvenile court. The court may also collect personal information about the parents and child. The information that the court or registrar may request include the names, Social Security numbers, ages, dates of birth and addresses of the mother, father and child. If paternity is not voluntarily established with the court, any party may seek to make such a registration. Establishment of paternity with the court is necessary in order to maintain fathers’ rights. The court must have proof of paternity in order to assign visitation rights and shared custody of a child. In order to enforce the obligations and rights related to paternity, the court may order proof of paternity. Such proof may be requested in order to confer custody rights as well as shared custody and visitation rights for the father and paternal grandparents. Paternity claims may be proven or disproved by way of paternity tests such as DNA testing. Once paternity is established by the court, additional actions such as orders for child support may commence in family court. Establishment of paternity provides a father with rights to access with a child. If either parent desires to establish or challenge paternity claims, this must be done through juvenile court. An attorney may be able to

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Division of marital property in Massachusetts

During a divorce proceeding, distribution of marital property can be a complex process. Massachusetts has established statutes regarding property division of various types of assets. Fair distribution of assets, including alimony, health insurance and business values, is ultimately determined by the court. The division of marital property has tax consequences that must also be considered by both parties. In addition to one party paying alimony to the other, the commonwealth’s courts may also order that one spouse pay for vested and non-vested retirement accounts, investments made together and funds earned during the marriage. Other assets that the court may assign to be distributed include retirement accounts, military and veteran’s pay and pensions, private pensions, profit-sharing ventures, annuities, deferred compensation and insurance settlements. Determination of equitable distribution also includes physical property or the property’s value. When performing a complex property division, the court takes into consideration the needs of dependent children. Additionally, it factors the ability of each party to earn a living, the contribution that each spouse made to the household income and the contribution that each made in running the household. The values of shared assets must be verified when marital assets are distributed during a divorce. The values of personal property, any jointly held business, land, homes and other valuables may be a contentious issue between the two parties. An attorney can help with a thorough investigation and analysis to ensure that their client receives an equitable distribution of marital property at the moment of the divorce and

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How establishing paternity affects a father’s rights

In order for a man to gain rights to a child in Massachusetts, he must first establish paternity. This is typically done through genetic testing to determine if he is the biological father. The IV-D agency may order a genetic marker test for a mother, putative father and child if either the mother or putative father submits an affidavit that states that intercourse occurred between the two during the probable period of conception. If someone is already presumed to be the child’s father, such as in the case that he is married to the child’s mother or has voluntarily acknowledged paternity, the IV-D agency may not order a genetic marker test. The presumed father may request one, however. Once the results of the test are determined, the parents have the opportunity to voluntarily acknowledge parentage. After determining that a man is in fact the child’s biological father, he can pursue rights to the child, such as custody and visitation. Should he be granted legal custody, he then will be able to participate in decisions about the child’s life such as where the child is to attend school as well as decisions about medical care. He may also then be required to begin making child support payments. An individual who wishes to gain custody or visitation rights to a child may wish to work with a family law attorney experienced in fathers’ rights cases. An attorney may help a client in submitting the required documents and representing them in court proceedings.

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