Not all families are composed of the traditional husband and wife. Even though the composition of non-traditional families isn’t the same as traditional families, they still face some of the same family law issues. We know that trying to go through the Massachusetts laws pertaining to non-traditional families can be difficult, especially when you have a pressing matter to deal with. We can help you with all aspects of family law as it pertains to non-traditional families. One of the issues that can come up involves divorce. Ever since our state began recognizing same-sex marriage in 2004, the need for same-sex divorces has come up. During these proceedings, it is critical that you ensure that your rights are being protected. There are several facets of a same-sex divorce that we must consider. One of these is property division. Whether you have a high-asset case or you have fewer assets, we can help you to ensure that they are valued properly. While we are considering the division of property, we also need to consider the division of liabilities. We know that you don’t want to be stuck with all of the bills and none of the assets. If you have children, we need to get to work on the child custody, visitation and child support aspects of the case. These can often be aspects of the divorce that are filled with contention since both parents likely want to have the children as much as possible. We can work on your behalf

Before heading in for a divorce proceeding, it’s very important for same-sex couples in Massachusetts to know what will be addressed. Examples of the key areas that will be touched on—which are largely the same as they’d be for opposite-sex couples—include the following: 1. The grounds upon which the divorce was filed. If you don’t have anything specific, like domestic violence, that’s fine. You can file for no fault divorce, which is how the majority of filings are submitted. 2. All decisions to be made regarding children, if applicable. This includes both child custody and child support, along with visitation rights. 3. The division of all of the assets that the couple has. It’s important to remember that this could also include the division of debts. 4. Alimony or spousal support that needs to be paid. This is not used in all divorces, but can be if one spouse gave up a career or education and has little earning potential, having expected to be supported. 5. Changing names, if needed. 6. Protective orders. These are used when there is a larger issue, such as domestic violence. The spouse who has been abused may be worried that filing for divorce could cause a violent reaction from the other spouse, which means that protective orders and other measures are sometimes needed to keep the situation from escalating. Finally, it’s wise to note that you have to wait for the divorce to be finalized before you can get remarried. Now that you know

As same-sex marriage has become more widely legalized and more common, it has given rise to a natural offshoot of this progression: an increase in same-sex divorce. As such, it’s important for people in Massachusetts—one of the first states to legalize same-sex marriage—to know whether or not a same-sex divorce is going to be different than an opposite-sex divorce. In some areas, things are going to be carried out in a very familiar fashion. When dividing assets, for example, the gender of those involved has no bearing on the process. It tends to look the same with both types of divorces. When things get complicated is when child custody has to be determined. Much of this is because same-sex couples have different ways to bring children into their lives, such as adoption or In vitro fertilization (IVF). With the IVF process, the parent who carries the child is biologically related to that child, but the other parent is not. This doesn’t usually matter when the two are married, as they raise the child as their own, but it can add complications when a divorce happens. Courts may be more likely to give custody to the biological parent, and that parent may even argue that the child is not the other parent’s at all. Adoption is tricky as well, though it’s fair to note that some of the same issues come up with opposite-sex couples who adopt a child. While it may be complicated, IVF is more likely to cause a