Same-Sex Divorce Complications

Two years after the U.S. Supreme Court legalized same-sex marriages, some couples who decide to call it quits are discovering that getting married was the easy part.

From divvying up assets to asserting parental rights, this CNBC blog posting talks about how the details of divorce that can be more clear-cut with heterosexual marriages are creating complications for same-sex couples.

The landmark ruling also delivered marital legal protections afforded to heterosexual marriages, including rights related to medical decisions, certain tax benefits and access to employee benefits.

Divorce is more complicated. The biggest sticking point often relates to when the marriage began, which can dictate how assets are divided and whether a spouse receives alimony (also known as spousal support). Generally, the longer any marriage has lasted, the more weight it carries when judges are determining how to award a lower-earning or no-earning spouse a percentage of assets and/or alimony.

The same complications arise in child custody issues. Often, whether a child was adopted or born to one of the parties, only one person in the relationship has legal parental rights even if both are raising the child. And when the couple goes to divorce, that lack of rights can stand in the way of the nonlegal parent continuing a relationship with the child.

If you or someone you know could benefit from assistance in decision making during a divorce, contact Falmouth Mediation at 508-566-4159 for a free, no-obligation, private, confidential consultation. We will be happy to discuss the key details of your situation, address any concerns, and help you decide if divorce mediation would be beneficial.

The Demise of DOMA: Ten Reasons Why It is Good for Massachusetts Residents

The Supreme Court has finally ruled that federal Defense of Marriage Act (DOMA) is unconstitutional. This means that the national legal definition of a marriage is no longer limited to the union of one man and one woman. Same sex couples that marry in one of the 13 jurisdictions (12 states plus DC) and live in one of them, will now assume all benefits (believed to be 1000 or more) of federally recognized marital status.

For Massachusetts’ residents, DOMA’s death is immediate unmitigated good news. Read ten reasons on the Levine Dispute Resolution Center Blog.