Massachusetts Same-Sex Divorce Lawyer
In Massachusetts, same-sex marriage is legally recognized and holds the same status as opposite-sex marriage. Accordingly, same-sex divorce follows the same legal framework as any other divorce in the Commonwealth. As a divorce attorney, my role is to guide clients through the legal dissolution of their marriage, ensuring the best possible outcome based on their unique circumstances. Sexual orientation has no bearing on the legal process, and the principles governing divorce remain the same for all couples.
While same-sex marriage has been legally recognized for some time, its relatively recent history in the legal landscape warrants discussion. Some clients may also wish to understand my perspective on representing individuals in same-sex divorces before moving forward with a consultation. This page is intended to provide clarity on the legal process and reaffirm that all individuals receive the same dedicated legal representation, regardless of the gender composition of their marriage.
Same-Sex Divorce Law in Massachusetts
The landmark case of Goodridge v. Department of Public Health expanded the definition of marriage in Massachusetts, establishing that limiting marriage to heterosexual unions violated the Massachusetts Constitution. [1] This decision set the stage for broader national recognition of marriage equality.
Subsequently, the U.S. Supreme Court’s decision in Obergefell v. Hodges (2015) solidified this recognition nationwide, affirming that same-sex couples have a fundamental right to marry and that states must recognize lawful same-sex marriages performed elsewhere. [2] As a result, the right to divorce is equally protected under the law.
The Divorce Process for Same-Sex Couples
The legal process for divorce in Massachusetts is the same for all couples, regardless of gender. To initiate a divorce, one party must file a complaint in the Probate and Family Court. Massachusetts allows for both “no-fault” and “fault-based” divorces. A no-fault divorce is based on the irretrievable breakdown of the marriage and may be filed as either an uncontested or contested matter. Alternatively, a fault-based divorce may be filed under specific legal grounds, such as adultery, abandonment, or cruel and abusive treatment.
When it comes to the division of assets, the Probate and Family Courts apply the principle of equitable distribution. This does not necessarily mean an equal division of assets but rather a fair distribution based on factors such as the length of the marriage, the financial standing of each spouse, their earning capacities, and other relevant considerations.
Similarly, child custody and support determinations follow the same legal standards for all parents. The courts evaluate custody arrangements based on the best interests of the child, considering factors such as parental involvement, caregiving history, and the child’s needs. Child support obligations are calculated using the Massachusetts Child Support Guidelines, ensuring consistency across all cases.
Additional Same-Sex Divorce Resources
The Trial Court Law Libraries have a useful compilation of relevant laws located here.
You may also find GLAD’s family law related resources helpful by clicking here.
If you have any questions about same-sex marriage and divorce, contact us. You may schedule a free consultation with our experienced attorneys. If you’d prefer to schedule a consultation by phone, call (866) 995-6663.
[1] Goodridge v. Department of Public Health, 440 Mass. 309 (2003).
[2] Obergefell v. Hodges, 135 S. Ct. 2584 (2015).