Massachusetts was the first U.S. state to recognize gay marriage when it began allowing same-sex couples to marry in 2004. Public attitudes toward gay marriage have since evolved, and a landmark ruling by the U.S. Supreme Court has settled any lingering legal questions raised by the issue. The June 26 decision gives gay couples in any U.S. state the constitutional right to marry.
While same-sex couples are increasingly being allowed to get married and have the union legally recognized, there are hovering questions about same-sex divorce. Massachusetts is important in a vast number of these cases as it was there that many of the couples were first able to legally marry. This was the situation with two women who were married to one another and had their subsequent divorce upheld by the Texas Supreme Court.
Massachusetts residents may be interested to know that the Supreme Court has the issue of whether states can ban same-sex marriages on its docket. They are expected to rule on that issue in 2015 just as the presidential races gather speed. Politicians are being pressed to go on record about their stances on same-sex marriages and some are.
Unfortunately, just like heterosexual couples, many same-sex couples will experience a disintegrating marriage and will need a divorce as a result. Although same-sex couples face the same sorts of issues and challenges that heterosexual divorcing couples do, there are particular and additional matters that same sex couples may need to address.
Some same-sex couples may find themselves in a situation in which they need to divorce one another. If you are in a same-sex marriage in Massachusetts and believe you may wish to divorce your spouse, you will have to consider several things.
While same sex-marriage is currently recognized in the state of Massachusetts, readers are likely aware that this is not the case throughout the nation. Action recently taken by the U.S. Supreme Court may have gone a long way toward changing that.
Same-sex couples who marry often encounter the same trials as opposite sex couples. This means that as is the case when a man and woman marry, there are times when the marriage between a same-sex couple will end. When this happens they will have to address the same issues as opposite sex divorcing couples do, including asset division and sometimes child custody and support matters.
Two women were married in Massachusetts, where their marriage was legal. They then moved to Florida, and they now want to get a divorce. However, they are having to fight their way through the court system to see if the divorce will be permitted.
Even though Massachusetts was one of the first states to legalize same-sex marriage, there still remains a dearth of legal precedent and guidance on a very important related issue: same-sex divorce. Logically, there shouldn't be that much of a difference, right? You'd think that property division, custody, child support, spousal support and other key family law topics would be decided in a similar manner regardless of the gender of the parties involved. Realistically, though, that isn't the case.
As readers likely know, Massachusetts was one of the first jurisdictions to legalize same-sex marriage. However, same-sex couples may have concerns about how their martial status will be regarded by other states, in the event they move.