Same Sex Divorce Laws in Massachusetts

Massachusetts has recognized same-sex marriages for several years. And, unfortunately, just as with heterosexual marriages, an increasing number of same-sex marriages end in divorce. With the ever-evolving legal landscape of same-sex rights at both the state and federal levels, it is very important to consult a reputable, knowledgeable, experienced family law attorney when considering a divorce (or if you were served divorce papers). Attorney Rosanne Klovee makes it a priority to stay current on the developments in the law regarding same-sex divorce. In Massachusetts, same-sex divorces are treated the exact same way as heterosexual divorces. However, some issues that may arise are novel and untested before the courts. Therefore, experience and proficiency matter.

The primary issues

When parties go through a same-sex divorce, there are three primary issues that must be addressed before the dissolution of the marriage is finalized: 1) Division of the marital assets (and debts); 2) Parenting Schedule (and related matters); and 3) Financial support (child support and/or alimony). Just as with heterosexual divorces, the parties may agree on how to resolve all of these issues (and sub-issues); they may agree to some of the issues; or they may disagree on pretty much everything.

Same-sex divorces may be uncontested, completely amicable, and proceed quickly. They also may be very acrimonious and hotly contested. In reality, most same-sex divorces fall somewhere in the middle, where the parties agree on a number of issues, but disagree with respect to some other issues.

Negotiation, mediation, and litigation

As with all divorces, same-sex divorces may be resolved through a number of means, including the negotiation of an agreement by the parties and their legal counsel; mediation with a neutral third-party mediator; and litigation – where the parties head to court and let the court decide the outstanding issues.

Attorney Rosanne Klovee is experienced at handling same-sex divorces by representing clients at each and every stage of the process – including negotiation, mediation, and litigation. Attorney Klovee will zealously advocate on behalf of her clients in order to reach the most favorable resolution possible.

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