Why divorce for Boston’s same-sex couples is both more and less complicated

David M. Gabriel & Associates

Massachusetts is one of the few states in the U.S. that allows same-sex marriage. Regardless of how you feel about that, it is true that allowing same-sex couples to marry can greatly simplify some legal aspects of their lives together. One of those aspects is the end of the relationship, be that by divorce or the death of one of the partners. Take the case of two men from Minnesota. Although the partners of 25 years were married in San Francisco, Minnesota did not recognize their union. So when one of the men died unexpectedly at 46 without a will, the state’s default estate plan meant that his partner did not have legal standing the same way a wife would and thus did not automatically inherit anything. The surviving partner is now locked in a prolonged and complicated court battle in an attempt to recover what he believes should be his. Although such a scenario would not play out in Massachusetts, that doesn’t mean we have all legal elements relating to same-sex marriage smoothed out completely. If a same-sex couple wants to get a divorce, it can be trickier than a divorce for a heterosexual couple for several reasons. For example, because gay men and women were not allowed to marry in our state for so long, many couples have been unmarried partners for a long time, which makes their marriages look artificially short. That has implications for things like property division and spousal support. Finding an attorney who understands

Same-sex couples rights affirmed when lesbian mom files paternity

David M. Gabriel & Associates

Unfortunately, same-sex couples’ rights are sadly lacking in many parts of the country. While in Massachusetts, same-sex marriage is allowed and seen positively, in other places many of the same-sex couples’ rights are denied. Fortunately, in one state, clear progress can be seen when a lesbian mother has been allowed to file a paternity suit for her child in a groundbreaking case. Two lesbians had decided to make a family in 2006 in which they would adopt two biological daughters. Because at that time their state didn’t allow them to adopt the children as a lesbian couple, they each legally adopted a girl and raised the two together. However, in 2009, all of this changed. After the women decided to separate, one of the women moved to Norway, taking her legal daughter and leaving behind the girl’s sister and her shocked ex, who had not expected this drastic move. The two sisters didn’t even have the chance to say goodbye to one another. After investigating the various legal options available to her, the woman in the United States, fought for child custody by filing a paternity suit. While paternity suits are typically filed by fathers seeking to spend time with their children, a state law had passed which allowed for non-biological fathers to seek custody. After discussing the case, a judge ruled that the paternity suit was valid since it would be discriminatory to allow non-biological fathers to sue but not non-biological mothers. Massachusetts has traditionally been ahead of the

Residency requirements open doors for same-sex divorces

David M. Gabriel & Associates

A complex legal issue that is popping up in different states and continues to be addressed in the courts was discussed here previously on the blog. We have news about another new important case involving same-sex marriage and divorce laws. A Rhode Island man is in the midst of trying to divorce his husband after getting married in Massachusetts. Because of Rhode Island’s current laws pertaining to same-sex marriage and divorce, he was forced to move to another state to pursue a divorce. The man decided to move across the state line to Massachusetts and live there for a year before he would be able to file for divorce. However, there is new legislation pending in Rhode Island, according to a local media report that would simplify this matter for people with the same situation. If the new Rhode Island bill passes, any couple could file for a divorce in Rhode Island even if their marriage is not recognized as legal in the state. This would solve the problem faced by same-sex couples who jump state lines in order to establish residency so they can pursue a divorce and not be trapped in marital limbo. Although Rhode Island is not a gay marriage state, it did pass a civil union law in 2011. That piece of legislation provided a legal means for dissolution of a civil union. Whether a person is dissolving a civil union or seeking a divorce from a spouse, he or she will need to ensure that,

Judge allows same-sex couple to divorce

David M. Gabriel & Associates

While more states have legalized same-sex marriages, gay couples whose marriages have fallen on hard times continue to find it difficult to legally divorce their spouse. The problem is that some states feel by permitting a same-sex divorce, they are by default acknowledging same-sex marriage. For example, two women who were married in Massachusetts later moved to Texas, a state that does not recognize same-sex marriage. When the women began divorce proceedings in February 2011, Texas’ general attorney, attempted to stop the judge from allowing their dissolution. His motion stated that because Texas has a constitutional ban on gay marriage, the judge did not have the authority to grant a divorce. The motion was later thrown out by the judge because it was not filed in a timely manner. In a more recent case, two men who were married in New York on September 2011, filed for divorce in Ohio. Ohio, like Texas, does not recognize same-sex marriages and civil unions per a 2004 constitutional amendment. A Columbus judge signed off on the couple’s divorce. Again, the judge hearing the men’s case was met with an onslaught of criticism — called “rogue” by one man in an email to the Columbus Dispatch, a local newspaper. The attorney for one of the men in the case defended the judge’s decision to hear and approve the divorce; stating that Ohio’s constitutional amendment applies only to same-sex marriage and says nothing about same-sex divorce. Ultimately, the real hurdle lies in the fact that

Boston residents watch other states’ same-sex marriage trends

David M. Gabriel & Associates

A news story on the minds of Boston residents this week is the newest win for gay rights activists in the neighboring state of New Jersey. In fact, the upcoming decisions made in these other states matters when gay couples move from one state to another in the U.S. This is particularly important as more states recognize same-sex divorce along with marriage rights. Right now, six states, including Massachusetts, recognize same-sex marriages. This New Jersey development comes as more states grapple with what legal rights to award non-traditional couples. According to a Reuters’ report, the legislature in New Jersey legalized same-sex marriage earlier this week. Next, the New Jersey gay marriage bill goes to the governor, a person who could be considered for a vice-presidential bid later this year. Governor Chris Christie, a Republican, has promised to use his governor’s veto on this bill. This may be a setback for gay rights in New Jersey. The vote was passed in a majority of 42 to 33. However, Boston readers should note that the two chambers of the state assembly do not have the two-thirds majority of votes that would be required to override a gubernatorial veto. In related news, Maryland’s House of Delegates postponed until late Feb. 16 a debate on the “Civil Marriage Protection Act,” which has the sponsorship of the liberal governor, Democrat Martin O’Malley. This bill already passed with enough votes in two committees, but not the entire House. Gay rights activists are also watching the progress

State’s marriage equality follows Massachusetts’ example

David M. Gabriel & Associates

Residents of the state of Massachusetts might be surprised that, when the Washington state legislature last considered the issue of gay marriage, its response was to ban the institution. That ban has not stopped issues related to gay rights from resurfacing in the state. More than a decade later, the state lawmaking body is considering this issue again. This news comes after other recent legislative efforts in the last few years that have granted more rights under the law to gay and lesbian partners. If gay marriage legislation passes this year, the state of Washington would become the seventh state, in addition to Washington, D.C., to make same-sex marriage into a legal institution. People who are following this issue nationwide should know that these bills are being advanced by gay lawmakers, intent on making legal strides for citizens of Washington. Before gay and lesbian couples will be able to celebrate the legalization of same-sex marriage in Washington, these bills must go through the legislative process. First, these bills will be heard in a public hearing in their respective House and Senate committees. The spokesman for the Human Rights Campaign, Michael Cole-Schwartz, gave this remark: “If there’s one word to sum up where Washington is on marriage equality, its momentum.” Washington could follow the example of Massachusetts, which has already legalized gay marriage. Other states that have legalized this right for same-sex couples are: Connecticut, Iowa, New York, New Hampshire, and Vermont. More information about same-sex couples’ rights, including how to

Same-sex divorce bill in D.C. closes unfair loophole

David M. Gabriel & Associates

Massachusetts residents may be interested to know that pending legislation in the District of Columbia is designed to offer protection to same sex couples who married in the District and want to divorce, but now live in a state that does not recognize the marriage. To date, in addition to the District of Columbia, six states allow same-sex marriage. The proposed bill is titled the Civil Marriage Dissolution Equality Amendment Act of 2011 and is expected to come to a vote in early 2012. In effect, it allows same-sex couples no longer living in Washington, D.C., to process their divorce there under certain conditions. Previously, the law required that one party to the marriage live there for at least six months prior to filing for divorce. The bill was cosponsored by eight of the D.C. Council’s 13 members. It is considered necessary because states that do permit same sex marriages have no mechanism for providing a divorce between a couple lawfully married in another jurisdiction. For the law to apply, the couple must have been married in the District. Since so few states currently provide for same-sex marriage, the District of Columbia appears to offer an important safeguard for those wishing to divorce. The law in this area is constantly changing, and those affected would likely benefit from consulting an attorney experienced in family law and procedures as they apply to same-sex marriage. In enacting the proposed legislation, the District will be closing a loophole that seemingly leaves some same-sex

No divorce marriage: Gay couples challenge Texas divorce law

David M. Gabriel & Associates

What defines “marriage”? The Texas Supreme Court has to evaluate that very question. They are charged with the task of deciding whether they ought to continue defining marriage as the union between one man and one woman. In essence, theirs is the task of deciding whether or not gay marriage ought to be legal in that state. Currently, two cases involving same-sex couples who married in Massachusetts and filed for divorce in Texas are before the courts. Because gay marriage is illegal in Texas, it is also illegal to divorce a same-sex couple in that state. Texas courts can declare the marriage void, but they cannot grant a divorce — at least not yet. The two couples married in Massachusetts are pushing for change in Texas. However, for a gay divorce to be granted, the state would have to recognize that the marriage was valid in the first place. In 2005, a constitutional amendment that defined marriage as the union of one man and one woman was approved by 76 percent of Texas voters. The Texas Family Code also similarly defines marriage as the union of one man and one woman. Because of those definitions, Texas courts can only grant divorces in cases where the marriage fits into those parameters. Therefore, same-sex couples do not qualify either for marriages or divorces. Same-sex couples’ rights have been a hot topic across the United States in recent years. It is a polarizing issue that has caused heated debate. Laws are not static;

Same-Sex Couples & Divorce

Why divorce for Boston’s same-sex couples is both more and less complicated

Same-sex couples rights affirmed when lesbian mom files paternity

Residency requirements open doors for same-sex divorces

Judge allows same-sex couple to divorce

Boston residents watch other states’ same-sex marriage trends

State’s marriage equality follows Massachusetts’ example

Same-sex divorce bill in D.C. closes unfair loophole

No divorce marriage: Gay couples challenge Texas divorce law

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Same-Sex Couples & Divorce

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David M. Gabriel & Associates

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Salem Office

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Life Complicated? We Can Help

Life Complicated?We Can Help

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