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Navigating Same-Sex Divorce

Reeves Lavallee PC is here to guide you through the complexities of same-sex divorce in Massachusetts. Our experienced attorneys will ensure a smooth process while protecting your rights and interests.

Background of Same-Sex Marriage and Divorce

Massachusetts became the first state to legalize same-sex marriage in 2004 with the groundbreaking case Goodridge v. Department of Public Health (440 Mass. 309). Since then, same-sex couples have enjoyed the same legal rights and responsibilities as heterosexual couples, including the right to divorce. Several court cases have shaped the legal landscape, including Elia-Warnken v. Elia (463 Mass. 29) and Hunter v. Rose (463 Mass. 488), which addressed issues in same-sex divorce.

Divorce Process for Same-Sex Couples

The divorce process for same-sex couples in Massachusetts mirrors that of opposite-sex couples. This involves filing a divorce complaint, serving the papers to your spouse, attending a hearing, and reaching an agreement on issues like property division, child custody, and support. Our attorneys are well-versed in Massachusetts divorce laws and will guide you through each step of the process.

Unique Challenges in Same-Sex Divorce

Despite the similarities in the divorce process, same-sex couples may face unique challenges. For instance, the length of the relationship might differ from the legal marriage duration, impacting alimony or property division. Our skilled attorneys will help you navigate these challenges to reach a fair resolution. We will carefully analyze your situation and develop a customized strategy to address your specific needs.

Child Custody and Support

In same-sex divorces involving children, the court will determine custody and support arrangements based on the child’s best interests, just as in any other divorce. Our team will advocate for you and your child’s rights, ensuring a favorable outcome. We understand the emotional impact that divorce can have on families and will work tirelessly to minimize any disruption to your child’s life.

Property Division and Alimony

Same-sex couples may encounter complexities in property division and alimony, especially if they cohabitated before marriage. Our attorneys will work closely with you to ensure a fair distribution of assets and determine appropriate alimony payments. We will consider factors like the length of your relationship, contributions to the marriage, and each spouse’s financial situation to create a just settlement.

Contact Reeves Lavallee PC for Guidance

If you’re facing a same-sex divorce in Massachusetts, trust Reeves Lavallee PC to guide you through the process. Our dedicated attorneys will protect your rights and ensure a smooth, efficient resolution. Contact us today to schedule a consultation and begin the journey toward a brighter future.

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