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Legal hurdles remain for divorcing same sex couples


The issue of same sex divorce, which has been covered by many media outlets and several times on our blog, has become more prevalent in the wake of the recent Supreme Court rulings on the Defense of Marriage Act. By effectively allowing same sex marriage to be federally recognized, many experts predict a rise in new states throughout the country joining Massachusetts and the other states which have already legalized same sex marriages. Inevitably, these states will have to address the issue of same sex divorces as well.

The hurdles of same-sex divorce


When Massachusetts legalized same-sex marriage, the issue of same-sex divorce went under the radar. While many might assume that with marriage comes divorce, the truth is that same-sex divorce is oftentimes more complicated that those of other marriages. As this blog recently covered, the repeal of DOMA may make same-sex divorces even more complicated. Thankfully, with some knowhow and legal assistance from industry professionals, many same-sex couples can find their way through the complications.

DOMA repeal may have implications for same-sex divorce


Since Massachusetts started to recognize same-sex marriages, there has been no shortage of difficulties in getting these couples the same benefits to which other couples are entitled. In many cases, these difficulties crossed over into same sex divorces as well, with certain state and federal laws making the process complicated. However, this may be about to change.

"Glee" actress Jane Lynch to divorce her wife

Actress Jane Lynch, well known for her role in the hit television show "Glee," has announced that she will be divorcing her wife of nearly three years. The couple was married in 2010 after the two met at a fundraiser in 2009. This high profile divorce brings to the forefront several of the possible issues which can affect same sex couples looking for a divorce.

Same-sex divorce rate proves difficult to calculate

Since the expansion of the right for same-sex couples to be married is a relatively new progression, many people expected there to be some initial difficulties to resolve. One of these difficulties is that the divorce rate amongst same-sex couples is particularly hard to keep track of, often due to the same challenges that same-sex couples face when trying to get a divorce in the first place.

Supreme Court case will affect Massachusetts same sex couples

There has been much media hype over the pair of cases dealing with same sex marriage that were before the U.S. Supreme Court this week. The challenge to California's "Proposition 8," the voter initiative that banned same sex marriage in that state, has garnered a majority of the attention. But here in Massachusetts, same sex marriage has been the law since 2003. The second case, challenging the Federal Defense of Marriage Act, will likely be much more consequential for a same sex couple that is living here in Massachusetts.

From same sex marriage to same sex divorce

Same sex marriage is currently hotly debated across the country. But with Massachusetts being one of the first states to legalize same sex marriage, that controversy is largely settled in the commonwealth. Now the commonwealth is facing a more practical problem: the process of same sex divorce.

Divorce difficulties for same-sex couples

Same-sex couples have been able to legally marry in Massachusetts for quite a few years now. Even though more states have legalized same-sex marriage in recent years, there are still issues that arise for divorcing same-sex couples that heterosexual couples do not have to deal with.

A same-sex married couple's pursuit of citizenship

For many couples, getting married is pretty simple. However, other couples experience all sorts of obstacles in the process of legally committing to each other. Same-sex couples, in particular, face legal difficulties when marrying. While Massachusetts same-sex couples can marry, these couples may still encounter difficulties with federal laws.

Supreme Court could make major gay marriage ruling soon

The Defense of Marriage Act has been in place since 1996. DOMA made it clear that in the eyes of the federal government, a marriage is only between a man and a woman. However, many changes have occurred in terms of gay marriage rights since then. Many Massachusetts same-sex couples have benefitted from the state's legalization of gay marriage.

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