Legal Issues in Same Sex Divorces
After searching for love and the expensive wedding, you now find yourself in the same position as approximately half of all married adults in America: in need of legal representation for your divorce. With the quickly changing political climate in the country regarding same sex marriages you now need to navigate the laws of same sex divorce, and this blog will address some of the issues you may face including: parentage; child custody, and child support.
While the legal recognition of your same sex marriage should not be an issue in Massachusetts that does not mean you may not face some unique issues with your divorce proceedings. During divorce proceedings you will need to resolve the issues relating to the division of your marital assets, alimony, child custody, and child support.
The issues of parentage, child custody, and child support have the possibility of becoming the most troublesome aspect of your divorce. In general, the rules that govern heterosexual marriage regarding child custody and child support will apply so long as both parents are the legal parents. So long as both parents have a legal relationship with the child, custody, support, and parenting plans will be treated the same as heterosexual divorce.
Where there are potential serious issues are when both parents have not established a legal relationship with the child. In Massachusetts, children born via assisted reproduction within a legal spousal relationship are the legal children of the couple. This presumption is still there even when only one of the spouses has a biological relationship to the child. However, if the child was born using assisted reproduction before the legal marriage occurred the subsequent marriage of the parties does not legitimize […]