When same-sex marriage was made legal in Massachusetts back in 2004, numerous couples eagerly took the opportunity to walk down the aisle and embark on their journey together. However, as with any form of marriage, unfortunate circumstances can arise, leading some couples to seek a divorce.
But what about same-sex couples? Can they get a divorce in Massachusetts too? The answer, without a doubt, is yes. Let’s delve deeper into what you need to know about same-sex divorce in Massachusetts.
Same-Sex Divorce In Massachusetts
It is essential to understand that when it comes to divorce, same-sex couples in Massachusetts are granted the same rights and protections as opposite-sex couples. This means that they have an equal footing in pursuing a divorce if needed.
The process of divorce for same-sex couples mirrors that of opposite-sex couples. To initiate the divorce proceedings, the first step involves filing a Complaint for Divorce in the Probate and Family Court. It is crucial to file this in the county where both you and your spouse currently reside.
The Divorce Process
Upon filing for divorce, you and your spouse must come to an agreement on several vital issues. These issues include property division, alimony, child custody, and child support.
Suppose both you and your spouse find it challenging to reach an agreement on these matters. In that case, the court will intervene, taking charge of making decisions in your best interests.
Property Division
In the Commonwealth of Massachusetts, the division of property operates on the principle of equity. This means that both spouses are entitled to a fair share of the marital property. However, it is important to note that equitable distribution does not necessarily imply a strict 50/50 split. Instead, various factors are taken into consideration, such as the duration of the marriage, the contributions made by each spouse, and the financial needs of both parties.
Alimony
In Massachusetts, the awarding of alimony is based on factors including the length of the marriage, the financial requirements of the requesting spouse, and the paying spouse’s ability to meet the financial obligations. The court may also take into account other aspects, such as the health of each spouse and the standard of living maintained during the marriage.
Child Custody And Support
Within the realm of child custody and support, the court is devoted to making decisions that prioritize the child’s best interests. In Massachusetts, two types of custody exist: legal custody and physical custody.
Legal custody grants the right to make important decisions regarding the child’s upbringing, while physical custody determines where the child primarily resides.
Child support calculations are based on a formula considering both parents’ income, the number of children involved, and additional factors such as child care expenses.
Conclusion
To conclude, if you are in a same-sex marriage in Massachusetts and find yourself seeking a divorce, rest assured that you possess the same rights and protections as any other married couple. The divorce process you will go through is identical to that of opposite-sex couples. The court will assess your case with fairness in mind and attempt to make decisions that benefit all parties involved.
Nevertheless, it is of utmost importance to seek legal advice and representation from a skilled attorney who specializes in family law. This expert guidance will undoubtedly aid you in navigating the divorce process while ensuring that your rights remain safeguarded.