Koiles Pratt Family Law Group
Get Advice From A Lawyer 978-744-7774
Menu Contact

Setbacks and pitfalls for same-sex divorces

Couples in Massachusetts understand that marriage and divorce could easily happen in their relationship. Whether an opposite-sex couple or a same-sex couple, the choice to marry and then part ways are often the same. No matter the reason to call it quits, getting a divorce means making serious and difficult decisions regarding the future.

Although the list of states that have made same-sex marriage legal is getting longer, the same is not true for divorce. A recent report has highlighted the fact that getting a same-sex divorce is not only challenging but life altering for some same-sex couples. If the state they reside in does not recognize their marriage, they may need to relocate to the state that does acknowledge their marriage.

In Massachusetts, same-sex marriage has been legal since 2009. This caused several same-sex couples to travel to the state to get hitched legally. Some of these same-sex couples seek to dissolve their marriage but are finding it to be more difficult than it was to get married. First, they would need to establish a legal residency in a state that recognizes their marriage.

In addition to residency issues, there could also be asset division pitfalls. This often occurs when the couple have been together a long time and co-mingled their assets instead of making them legally joint if that was legally possible. This could make property settlements difficult, long and filled with disputes.

Finally, if the couple has a child or children, the issue of custody could be a major dispute. This could be especially difficult if one parent is a biological parent and the nonbiological parent is seeking rights. This can often be avoided by having them adopt the child in order to preserve their rights.

A same-sex divorce can have several setbacks and pitfalls. Although most couples do not plan to divorce, in this case, financial planning might be the best option in order to help preserve their rights if a divorce were to occur. It is also important to seek guidance when it comes to making decisions that the spouses are unclear about or are disputing over.

Source: MSN, "Gay couples find divorcing has traps," Oct. 17, 2013

No Comments

Leave a comment
Comment Information

Reach Out To A Lawyer

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

email us for a response


Office Location:

Koiles Pratt Family Law Group
70 Washington Street, Suite 402
Salem, MA 01970

Phone: 978-744-7774
Salem Law Office Map

office map