Attleboro, Massachusetts: Same-Sex Divorces
Bristol County ∙ Norfolk County ∙ Plymouth County ∙ Barnstable County ∙ Worcester County
The Massachusetts legislature has declared that all state laws and procedures regarding divorce shall apply to divorce proceedings between same-sex couples who were legally married in Massachusetts following the Massachusetts Supreme Court decision in Goodridge v. Department of Public Health.
Even though the same divorce laws apply to same-sex married couples as apply to heterosexual married couples, there are many difficult issues that arise. Any same-sex married couple who are considering divorce are well-advised to seek legal advice as early as possible — both to get an accurate picture of how the divorce will proceed and also to give your attorney time to identify any special issues that may arise in your divorce case.
The Experienced Divorce Attorneys at Volterra, Goldberg & Jacobs
Since 1975, Volterra, Goldberg & Jacobs, Law Counsellors, Inc., has represented spouses in divorce proceedings throughout Southeastern Massachusetts. Our attorneys each have decades of experience with family law, and we have handled almost every type of divorce case imaginable. Since the Massachusetts Supreme Court's decision in Goodrich, we have closely followed the slowly developing rulings relating to same-sex divorces, knowing that our law firm will be increasingly called upon to handle same-sex divorces.
Some of the issues that are difficult in same-sex divorce cases include:
- Out-of-state residents who were married in Massachusetts may not divorce in Massachusetts unless the act that caused the divorce — for example, infidelity — occurred in Massachusetts. How, then, does an out-of-state same-sex couple obtain a divorce? Are the spouses free to remarry without legally divorcing their same-sex spouse? What effect would remarriage without divorce have on issues such as inheritance laws?
- For heterosexual couples, alimony is a deductible expense. However, the IRS does not recognize same-sex marriages, and so spousal support payments would not be an allowable deduction.
- Another frequently identified problem regards how to calculate the length of the marriage, which is often important in divorce proceedings for the purpose of making property division and spousal support determinations. If a couple has only been legally married for five years but has lived together for 20 years and would have married 20 years ago if they had legally been allowed to do so — how will courts determine the length of the marriage?
For these and other reasons, it is critically important to consult a knowledgeable and dedicated attorney if you are considering dissolution of a same-sex marriage. The divorce lawyers at Volterra, Goldberg & Jacobs will provide careful analysis, clear explanations of all available options, and creative problem-solving skills when necessary. In other words, we will do everything in our power to make sure your divorce proceeds as smoothly as possible.
To schedule a confidential consultation, contact our office. Call (508) 455-3241 or send us an e-mail.
