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Boston Same-Sex Partner Divorce Lawyer

Massachusetts Gay and Lesbian Divorce Attorney

Because same-sex marriage is relatively new, same-sex divorce can quickly become a tangle of questions, concerns and doubts. Officially, the rules governing divorce, child support, alimony, custody and property division are the same as they are for opposite sex partners.

Advising Clients About the Same-Sex Divorce Process in Massachusetts

At The Massachusetts Family Law Group, our Norwood and lawyers handle gay and lesbian divorces. We advise clients about the process, which is the same as in any other divorce that starts by filing the Complaint and the Domestic Relations Summons. This triggers an automatic restraining order that prevents either party from moving assets or transferring funds. The next steps are the discovery of financial documents and filing motions seeking temporary orders until the divorce is finalized. In short, the divorce process follows the same path as any other divorce.

Our attorneys advise same-sex clients about their options and talk with them about the obstacles they may encounter during the process. With more than 40 years of combined legal experience, our lawyers have the knowledge and understanding of this area of Massachusetts family law needed to be strong advocates for our GLBT clients.

Why Same-Sex Divorce Is Different

There are several differences that exist between traditional divorce and divorce for gay, lesbian, bisexual and transgender couples:

  • Lack of recognition of your marriage in other states. In 2010, only Massachusetts, Connecticut, Iowa, Vermont, New Hampshire and Washington D.C. recognized same-sex marriages.
  • Ambiguity about your status and rights as a parent
  • Issues related to the length of time you lived in Massachusetts
  • Issues related to the length of time you and your partner were together, as opposed to the length of the time you were married. Because same-sex marriage became legal in the Commonwealth less than 10 years ago, couples who acquired property together before they were allowed to marry may be able to argue that property acquired before the marriage be subject to Massachusetts' equitable distribution rules.
  • Limits to the application of tax benefits and other federal protections to same-sex married couples. Due to DOMA (Defense of Marriage Act), same-sex couples are not afforded tax breaks for transfers between spouses, the deduction for alimony or QDROs.
  • Lack of availability of health insurance benefits and limits to estate planning advantages

Each Court and Judge Works Differently When It Comes to Same-Sex Divorce

Our Norwood and offices are part of a larger state-wide brain trust that includes offices in Plymouth and Springfield. We share a growing body of knowledge about same-sex divorce across the Commonwealth. However, we never lose our home-court advantage in the Eastern Massachusetts courts where your matter will be heard — we appear in these courtrooms almost every day and know their policies, procedures and preferences.

For more information, call a Boston same-sex partner divorce attorney at (800) 763-1030 or send an e-mail to schedule a free initial consultation. We represent clients in GLBT divorce matters the Probate and Family courts in Norfolk, Essex, Suffolk and Middlesex counties and throughout Massachusetts.

For uncontested divorce matters, visit our Flat Fee Divorce page.

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A Statewide Brain Trust of Divorce

Tailored Legal Advocacy to Meet Your Needs

Our approach to each case is governed by the client's circumstances and needs. Some clients are best served by aggressive litigation. Other clients benefit from negotiations based on thorough preparation and in-depth knowledge of their individual situations.

More about the MFLG Brain Trust

Contact the Massachusetts Family Law Group

Phone Numbers

  • Boston (617) 236-4500
  • Norwood (781) 461-9800
  • (978) 470-1669
  • Worcester (508) 480-8770
  • Peabody (978) 531-5500
  • Springfield (413) 746-4499
  • Salem (978) 289-4021
  • Plymouth (508) 732-9977

Our Affiliate Websites

  • South/Cape Cod
  • Central Mass WorcesterDivorce.com
  • Springfield Area
Call to Schedule an Initial Consultation (800) 763-1030 Toll Free | Contact Us Online

The Massachusetts Family Law Group
11 Vanderbilt Avenue
Suite 105
Norwood MA 02062

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The Massachusetts Family Law Group
400 West Cummings Park
Suite 6300
MA 01801

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The Massachusetts Family Law Group
11 Pleasant Street
Suite 420
Worcester MA 01608

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Additional Offices

The Massachusetts Family Law Group
124 Long Pond Road
Suite 12
Plymouth MA 02360

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The Massachusetts Family Law Group
1 Monarch Place
13th Floor
Springfield MA 01144

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