Same sex divorce and children

David M. Gabriel & Associates

In Massachusetts, same-sex marriage has been legal for a decade now. In that time, the state has become somewhat of a model for issues like same-sex couples’ rights, divorce proceedings and the like for both state courts and gay couples across the nation. One of the biggest issues all couples, gay or straight, face during a divorce is child custody. Here are a few tips for handling this scenario. First, understand Massachusetts’ custody laws. If you and your partner cannot come up with a custody plan on your own, the courts will dictate one for you. Above all, the judge will ensure that the best interests of the child are taken care of. While you’re at it, review any prenuptial agreements, or other documents and make sure you are following any stipulations set forth within. Once a custody and visitation policy has been set, it is vital you stick to it. Do not change your routine and customs with the kids just because your ex wants you to, or because your schedule gets busy. If you do, it could be detrimental to future visitation and custody rights. Also keep in mind the money you will have to set aside for child support. It can become extremely expensive with emergency medical bills and other surprises, and you need to make sure you can handle it. The final piece of advice is to make sure you have a trusted, experienced family law attorney by your side. They may be able to petition

How is alimony determined in Massachusetts?

David M. Gabriel & Associates

When you are going through divorce, you may become worried when you are trying to figure out how you are going to pay for everything on your own. This can be especially troublesome for those you do not have an established career or have spent the last few years as a househusband or housewife. One way the Massachusetts courts make sure you are not left out on the streets is with alimony. Alimony is essentially financial support paid from one spouse to the other. It is typically deemed “rehabilitative,” meaning it is only paid as long as the receiving spouse needs it to become self-supporting. This can include time to get an education or training, plus finding a viable job. If they are unable to hold a good job due to physical or mental limitations, alimony may be paid indefinitely. If the recipient remarries, their new spouse is responsible for their wellbeing and alimony stops. When it comes to calculating payments, there are a few factors considered. First, the spouses’ financial, emotional and physical states are considered. This includes both the potential recipient and the payer; the courts generally will not assign alimony that leaves the payer in poverty. Next, as mentioned above, the length of time needed for training for a job is considered. Finally, the marriage itself is taken into consideration. This includes two factors: how long you were married, and your standard of living while you were together. If you have been assigned an unfair alimony, or

Don’t let lack of temporary support prevent decision to divorce

David M. Gabriel & Associates

One of the most difficult aspects of filing for divorce is determining how the finances will be divided pending a final allocation by agreement or by the court. This is especially a problem for the spouse whose earnings and assets are substantially less than those of the other spouse. In that situation, the spouse with fewer resources may try to stay in a marriage, however unhappy he or she may be, for fear of a loss of lifestyle. If you watch television at all, you’ve probably seen commercials for settlement funding, which provides advance or immediate payments for injury victims involved or awarded damages in a lawsuit. A similar service is now available in Massachusetts designed to allow a spouse to file for or agree to be a party to a divorce without the fear of a cash crunch as it proceeds. The firm already operates in dozens of other states and makes loans to a spouse that needs money to cover living expenses and even legal fees that must be paid during the course of the divorce proceedings. The founder of the service says that most of their clients are women involved in a high net-worth divorce. He says that a client should have a net worth at stake of at least $600,000 to make the service and the interest rates worthwhile. The average loan is $250,000, with a minimum loan of $50,000. As with settlement funding, this arrangement is not for everyone. Some spouses may have access to

Does equitable distribution in Massachusetts mean equal?

David M. Gabriel & Associates

The termination of the marriage is rarely the most hotly contested aspect of a divorce. Chances are that by the time the decision has been made to file for divorce, neither party is prepared to spend a lot of time or money to keep the marriage together. Property division issues become important because they affect where each of the spouses will live, their standard of living, retirement plans and other post-divorce aspects of their lives. It is important, therefore, to understand how the courts in Massachusetts handle the division of assets in a divorce. Equitable distribution refers to the method by which Salem courts determine how property that the parties acquired during their marriage should be allocated in the divorce. There are several issues that must be dealt with, including how the property was acquired, when it was acquired and the contributions each of the spouses made to acquiring or improving it. One thing that is clear under the law is that equitable distribution does not impose any obligation on judges to order an equal property division. The law asks judges to consider a number of factors in deciding on a distribution that would be equitable under the circumstances. These factors include: How long the parties were married to each other The age and health of the parties Whether the parties are working and their incomes relative to each other The employability of the parties and their vocational skills The needs of dependent children Non-economic contributions by a spouse who

An unmarried father’s rights begin by establishing paternity

David M. Gabriel & Associates

Fostering and maintaining the relationship between a child and both its mother and its father is something that Massachusetts laws encourage regardless of the marital status of the parents. The laws concerning support, custody and visitation focus on the best interests of the child establishing a role for each parent to play in a child’s life. For parents who have never been married, it is important to establish paternity. Paternity may be established through a written acknowledgment signed by both the mother and the father of the child. It can also be the subject of a court proceeding in the Probate and Family Court of Massachusetts. Paternity proceedings usually include DNA testing. Even where the parties sign an acknowledgment of paternity, if the child is under six months of age when it is signed, either party to it may request genetic testing within one year to prove that the acknowledgment is incorrect as to the father of the child. Paternity tests are not an option if the child is six months of age or older when the document was signed. Once paternity has been established, the father has all of the rights and obligations that he would have had if paternity were not an issue. This includes the right to petition the court for shared or sole custody, the right to visitation and the duty to support the child. If the parents can come to an agreement between themselves on custody rights and visitation rights, courts will usually accept it

Same-sex marriage now legal in all 50 states

David M. Gabriel & Associates

Massachusetts was the first state in the United States to legalize gay marriage in 2003. Gay marriage is now legal in every state under the Supreme Court’s recent ruling. In this landmark ruling, the Supreme Court ruled 5-4 that same-sex couples have a fundamental right to get married. The case is a historic moment for gay and lesbian couples throughout the nation. Although same-sex couples could already get married in 36 states and in the District of Columbia, the Supreme Court’s ruling means that the rest of the states must stop enforcing any bans on same-sex marriage. The ruling will not take effect immediately. The losing side has about three weeks to request the Supreme Court to reconsider its ruling. Regardless, same-sex couples in Massachusetts are celebrating this victory. Same-sex couples can now be treated equally under the law for purposes such as spousal benefits, tax filing status, health care coverage, and social security. Another important impact of the ruling is that same-sex couples who want to get divorced will be able to do so in any state. Because all states must now recognize same-sex marriages, couples can seek the same relief as heterosexual couples who wish to dissolve their marriages. Like other couples, same-sex couples can ask the courts to enter orders regarding property division, child custody, alimony, and more. If you have questions about the recent ruling or are considering divorce, you may find it helpful to speak with an experienced family law attorney. The best way to

A decade of same-sex marriage in Massachusetts by the numbers

David M. Gabriel & Associates

Over the last couple of years, same-sex marriage has been in the news almost constantly as the United States Supreme Court has weighed in on the topic and state lawmakers have reacted. But all of these other jurisdictions may be wise to take a look at Massachusetts, the first state to legalize gay marriage over a decade ago, for an idea of how the issues will evolve. In those 10 years, almost 26,000 same-sex marriages have been performed in the state, about seven percent of all marriages during that same time period. Over 6,000 of these marriages were performed just in 2004 after the law was passed in May of that year. Over the decade, the numbers have evened out to about 2,200 per year, or about six percent of the marriages performed in the state. Another interesting statistic is that the number of marriages between two women has been far greater than those between two men, with almost 16,000 between women compared to about 9,900 involving men. Regardless of the numbers, same-sex marriages still have the benefits and pitfalls of marriage between heterosexual couples. Benefits include providing the couple with legal rights that allow them to make medical and other decisions for each other and to become eligible for benefits through employers and the government which are only available to legally married couples or to survivors after the death of a spouse. But same-sex marriages are subject to the same struggles and pressures as any other marriage: financial issues,

How does remarriage affect alimony?

David M. Gabriel & Associates

It is not uncommon for people to remarry after getting divorced. A question that often comes up in this scenario is, “Do I still need to pay my ex alimony if he or she remarried?” In most cases, the answer to this question is no. Clearly, remarriage constitutes a change in circumstances. Under Massachusetts law, an award of alimony can be modified or terminated if there has been a material change in either your or your ex-spouse’s financial circumstances. As a result, courts generally terminate alimony when the spouse who receives the alimony remarries. In rare cases, however, the court may order that the alimony continue. The spouse who receives alimony and has remarried has the burden to prove that his or her ex should keep paying support. Specifically, the recipient spouse must prove that extraordinary circumstances warrant continuation of alimony. This is tough to prove, and it depends on the circumstances. In determining whether to terminate or continue the alimony award, courts looks at a number of different factors. For example, courts may consider the new spouse’s income and financial resources. Courts will also consider the impact that terminating alimony would have on the recipient spouse’s ability to meet his or her needs. Either party can request the court to modify or terminate alimony. To do so, one of you would need to file a complaint with the court asking for the change. After the other party is served with the complaint, he or she will have the opportunity

Same sex divorce and children

How is alimony determined in Massachusetts?

Don’t let lack of temporary support prevent decision to divorce

Does equitable distribution in Massachusetts mean equal?

An unmarried father’s rights begin by establishing paternity

Same-sex marriage now legal in all 50 states

A decade of same-sex marriage in Massachusetts by the numbers

How does remarriage affect alimony?

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