Same Sex Divorce Attorney in Massachusetts & NH
Any divorce can be a difficult time for the parties involved. However, the added complications for those seeking a same sex divorce can make the process even more stressful and overwhelming. A same sex divorce requires the help of divorce attorneys who has experience in this particular area of Massachusetts law. For questions regarding the process of same sex divorce, such as how the Supreme Court ruling pertaining to DOMA (the Defense of Marriage Act) may affect your divorce, contact the same sex divorce specialists at the Law Firm of George C. Malonis.
If you are a same sex couple who live in Massachusetts, the process for same sex divorce may be most similar to a heterosexual divorce. However, if you are a couple who came to Massachusetts to marry and live in a state that doesn’t yet recognize same sex marriage as legal, the divorce process may be much more complicated. There is a one year residency requirement before you can file for divorce. Having to move back to Massachusetts when you reside, work, and have a life in another state isn’t as easy as it sounds. It can be particularly difficult if there are children involved. Our firm can help you figure out how to best go about the residency requirement process.
Same Sex Divorce Complications
Aside from residency posing a problem for same sex couple seeking a divorce, there may be additional complications related to property division and alimony. Property division is largely based on what is determined to be marital property and separate property. If a couple has been together in every way, household and otherwise, for many years but only legally married for a 2 years, the issue of what constitutes marital property can be debatable. The length of a marriage is a factor in how alimony is determined also. When time living together as a family far outweighs the time spent legally married, there may be an arguable difference in what is considered a fair amount of alimony. Assets such as pensions and federal retirement benefits are now recognized as part of same sex assets that are subject to division also, which can further complicate property division and alimony.
Because a same sex divorce poses unique challenges, you need a firm with experience in same sex divorce and the effects of DOMA. The Law Firm of George C. Malonis is committed to staying current on the evolution of same sex marriage and divorce and how it affects clients in Massachusetts and New Hampshire. We will take the time to understand the individual aspects of your case and fight to reach a fair and equitable resolution that works in your best interests. Your divorce may be the most difficult time in your life. Virtually every aspect of your life may be impacted. With our team of same sex divorce attorneys on your side, you can rest assured your rights, assets, and future will be protected. Call us today and let us help you navigate the same sex divorce process.
Call us today for a Free Consultation. 978-453-4500.