divorce

Divorce tips for same-sex Massachusetts couples with kids

For same-sex couples who are contemplating a break-up, there are often multiple issues with which they must deal. If children are a part of the equation, the situation can become even more complex. Below are tips to make divorce a little easier for these couples in Massachusetts. Get familiar with the laws concerning custody and support. Since Massachusetts recognizes same-sex marriage, some of the issues that come up in other states won’t apply. It is important, however, to know one’s rights and how the law addresses individual scenarios. Find a lawyer that meets your needs. When a same-sex couple with children divorce, it can be helpful for them to consult with an attorney who specializes in family law, especially as it applies to same-sex couples. An experienced attorney can be an invaluable resource in what could be a trying time. Now is the time to review any existing agreements or documents pertaining to the relationship. If a prenuptial agreement was signed, did it take children into account? Are there documents outlining estate-planning that should be considered? Occasionally, some of the issues that come up during the filing period have already been settled. It’s a good idea to check early on in the process. Continue to keep the same routine, even if one partner is pushing to make drastic changes. Routine and past history are taken into account by the court when deciding things like child custody. Changing the day-to-day routine and then later asking for it to return to what

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Major victory achieved for same-sex couples rights

Recent current events are exemplified in the Bob Dylan song, The Times They Are a-Changin’. Gay couples in Massachusetts and the rest of the nation just achieved a major victory on a federal level. Officials with the attorney general’s office announced a change to same-sex couples rights that will affect many areas of their lives. The Justice Department is expected to issue a memo that substantially expands the rights of people in same-sex marriages — increasing their recognition on a national level. The change will apply even in states that do not recognize same-sex marriage. It is only valid, however, when federal matters like bankruptcy and prison visits are concerned. For example, if two women got married in Massachusetts and then moved to Indiana, they can now file federal bankruptcy together. This is true even though they are in a state that does not recognize their marriage as legally binding. They will now be treated with the same consideration given to a more traditional couple. Several other areas are affected. Under the new policy, people with same-sex spouses who are incarcerated in a federal facility will be granted the same visitation as is afforded heterosexual couples. In both civil and criminal federal matters, spouses will be given equal rights regardless of the gender of their person to whom they are wed. This means one spouse cannot be compelled to testify in court against the other. One major area that was not directly affected by the recent changes is same-sex divorce.

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Non-traditional couples in Massachusetts offered USAA insurance

Affordable, reliable insurance can be difficult to acquire in Massachusetts and elsewhere and, as such, is a benefit that is worth fighting for. Widows and widowers who were in legally-recognized, same-sex relationships that have not remarried will now have the option of continuing insurance coverage from the United States Services Automobile Association. Divorced non-traditional couples that remain unmarried will also have access to the same benefits, according to the agreement. The change is part of an agreement the USAA made with the Attorney General’s office. The USAA provides insurance to members of the armed forces and their family members. In the past, the organization faced complaints that it ceased coverage for anyone in a same-sex relationship that ended in divorce or the death of one of the participants. Although Massachusetts began officially recognizing gay marriage in 2004, the USAA did not update its policies to include same-sex couples for eight years afterwards. Now, under the terms of the agreement, the USAA will provide benefits to the people whose requests were denied previously. The company will also pay a fine. In a statement released recently, the USAA claims the agreement is not a change from its regular practices. The company says it has offered benefits to non-traditional couples for the past two years. USAA asserts this includes both surviving spouses and divorcees — as long as they have not remarried. This agreement is one example of the difficulties non-traditional couples may face. Divorce or death of one of the partners only

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Massachusetts spouses: How to know when it is time to divorce

When a Massachusetts relationship has become strained, both parties often want to make a change. Deciding how to move forward, however, can be a bit of a challenge. In many cases, spouses are unsure whether to spend the time and energy trying to repair the marriage, or simply move forward with a divorce. The following tips are offered in the hopes of making those decisions easier to reach. At the end of the day, a marriage is an important bond, and is a significant aspect of an adult’s life. In cases in which the marriage can be saved, spouses should make every effort to do so. Some couples grow apart as they move through the transitions of life, such as when children enter the family or when they leave as adults. In these cases, the bond between husband and wife can sometimes be strengthened with the proper focus and effort. One way to know that a marriage is salvageable is when both spouses are willing to try counseling. The desire to make the effort signifies that both parties still hold hope that their bond can persevere. In addition, couples counseling is always more effective when both parties are willing to fully participate in the process. When a Massachusetts couple is unsure how to move forward through difficult times, the best course of action is to try all available methods of strengthening and preserving the bond between them. In some cases, counseling will be successful, and both spouses will gain insight

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So-called pet custody case settled during gay divorce

Massachusetts readers may have heard of an unusual case centered on the struggle over the care and custody of a shared pet. The dog, a miniature dachshund named Joey, was a pet in the home of a gay couple. When the two women decided to divorce, “custody” of Joey became a central issue. The judge presiding over the divorce agreed to schedule a separate hearing for the purposes of determining where Joey would reside, which marked a highly unusual approach to this form of property division. In many cases, judges refuse to hear arguments over which party will retain the family pets. In other cases, animals are treated as another form of property, and decisions are made based on which party acquired the animal or paid for its care. Very rarely is the issue given significant time in court, making this case highly unusual. Unfortunately for those who looked to the case to present a landmark decision on the issue, the couple was able to settle the matter outside of court. Joey will remain in the care of the woman who received him as a gift from her spouse. There is no mention of whether his other “mother” will be allowed to visit with him. Even though this case did not result in a hearing, pet lovers and animal rights activists still view the matter as a victory. The judge was at least willing to hear the argument, suggesting a shift away from treating animals in the same manner as

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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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Many factors for Massachusetts couples considering gay marriage

Contemplating marriage can be one of the most important and life-altering decisions that someone will ever make. Same-sex couples in Massachusetts can potentially face many areas of confusion when deciding if the time is right to get married. A recent decision made by the U.S. Supreme Court struck down part of the Defense of Marriage Act (DOMA). As a result, each individual state is able to determine some of the legal variables involved in a gay marriage. There are currently 13 states, including Massachusetts, where same sex marriage is legal. Of the 37 states which do not recognize same-sex marriage, some still offer benefits to same sex partners, while other states grant them no legal status. Tax implications vary across the country for these couples. For example, an individual living in a state that doesn’t recognize gay marriage — but was legally married in a state which does — would be required to declare his or herself as single on any state tax returns. Same-sex couples traveling abroad could face potential risks. Some countries consider any small display of public affection between same-sex partners to be a crime. The possible hurdles in the way of splitting up might be the most important consideration of all for these individuals. Currently, many same-sex couples would have to relocate to a state which recognizes the legality of their marriage — just to be able to formally divorce. The difference in the interpretation of our laws from state to state could create a lot

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DOMA ruling affects divorce for same-sex couples

Marriage is one of the most important commitments a person can make in their lifetime. Massachusetts residents who choose same-sex marriage are usually filled with optimism and hope for the future of their relationship. No couple wants to think about the possibility of divorce. Unfortunately, many relationships do end, and understanding the laws in one’s state, as well as the new rulings issued in the Defense of Marriage Act (DOMA), is important to protect one’s interests when a marriage ends in divorce. Same-sex marriage is legal in Massachusetts, and therefore, residents of our state do not have to travel to other states to marry. With the U.S. Supreme Court’s decision to strike down part of the DOMA, federal benefits are now available to same-sex couples. Additionally, these couples are recognized on a federal level as being in a legal union. What does that mean for those Massachusetts’s residents seeking divorce? Because Massachusetts recognizes same-sex marriage, those who meet residency requirements are also able to divorce in Massachusetts. Given the new DOMA rulings, divorce for some same-sex couples will now become somewhat more complicated, especially if they have relocated to another state after they got married. Since federal benefits are now available for the spouses in same-sex marriages, these benefits will have to be considered during the dissolution of a marriage. Unfortunately, not all states recognize same-sex marriage, and therefore may not recognize a same-sex divorce, or the protections of the new laws. State and federal laws affect many areas of

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