divorce

Using a divorce lawyer may be the best way to reach a divorce agreement

Deciding to file for a divorce is a major decision for most couples. With many online solutions available, it is not uncommon for Massachusetts couples to think that they can handle their own divorce. However, they are often unprepared for the many stumbling blocks they may face without the guidance and support of an experienced divorce attorney. When minor children are involved, child custody and parenting plan agreements must be reached and submitted for court approval. Another area of a divorce that may prove to be more challenging than initially thought is property division. Under Massachusetts laws of equitable distribution, couples may decide on how to divide their assets, as long as it is done in a fair manner and carries the approval of the court. This is where unexpected contention often arises. After navigating these aspects, spousal support and child support will have to be determined. In Massachusetts, regardless of whether a divorce attorney is retained or a couple decides to handle their divorce themselves, there are specific waiting periods. The waiting periods between filing the divorce complain and the court hearing are dependent on the type of divorce filing (contested or uncontested). After the final hearing, another waiting period must be observed before a final divorce decree is issued. Considering the complexity of all the issues, many Massachusetts couples choose to utilize the services of an experienced divorce attorney to avoid stumbling blocks. David M. Gabriel and Associates can guide each client to reach a divorce agreement that

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Divorce in Massachusetts for same-sex couples

Massachusetts has recognized same-sex marriage for a decade. With marriage comes the possibility of divorce. Divorce and ending domestic partnerships can be difficult and complex undertakings for anyone, but this is especially true for same-sex couples because the law has not always been clear on the rights of these individuals. Still, couples in same-sex relationships have many of the same concerns as their different sex counterparts, including property division, handling of debt, issues of alimony and tax considerations. Another frequent source of concern for married couples or those in domestic partnerships is how to handle issues related to children that resulted from the relationship. Visitation and child support can be contentious matters, and that is the case even when a couple was married when the child was born or adopted. If a couple had a serious relationship that resulted in a child or children, but the couple never married, this can make determining support, custody and visitation even more complex. The good news is that unmarried couples with children have become increasingly common in the last 50 years, so there are far greater options for non-married parents who want to continue relationships with their children. If you are considering a divorce or terminating your relationship with the parent of your child, a variety of legal considerations needs to be accounted for. Many of these issues can be decided out of the courtroom, but however they are determined, understanding the law can be beneficial to obtaining an equitable outcome. For more

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Massachusetts hopes gay marriage rights will spread

Going through a divorce can be difficult for any couple that wishes to no longer be married. The process can at times be drawn-out and stressful, depending on the circumstances of the situation. For individuals involved in a gay marriage situation, their wish to divorce can become even more difficult if they live in a state where their marriage is not recognized as legal. Massachusetts was the first state to legalize same-sex marriage, and now, representatives in the state hope to keep the pro-gay marriage movement going. A brief was recently filed with the United States Supreme Court, in hopes that the court system will look at several cases regarding whether state bans on same-sex marriage should be considered unconstitutional. Many individuals who are advocating that same-sex marriage be legalized in other areas argue that not allowing the marriages is a violation of the 14th Amendment. It was also reported that the legalization of the unions in Massachusetts has had a beneficial impact on families and marriage itself. Unfortunately, individuals who live and marry in the state may feel that they are unable to move to certain other states due to same-sex marriage not being legal in those areas. Should they move to one of those states, they may be unable to qualify for certain benefits or even be unable to divorce if they should wish to do so. Though same-sex couples in Massachusetts have the ability to legally participate in gay marriage, the topic of other states overturning the

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Stricter divorce laws may cause conflict

Since the beginning of the battle of same-sex marriages, it was often said by Massachusetts same-sex couples that traditionalists should focus more on lowering the rates heterosexual divorce, rather than prevent same sex-couples from marrying. It now appears that traditionalists are doing just that in some states. Many often think that once a marriage is emotionally over, it will be no issue to divorce, but lawmakers may be trying to now prevent that. A no-fault divorce used to be seemingly easy to come by, but some opponents are hoping to make the process more difficult. Recently in some states, lawmakers have attempted to pass bills making a no-fault divorce more difficult. The bills ranged from anything to longer wait periods for a divorce or limiting and even excluding reasons a couple would be able to ask for a divorce. When a marriage is past the point of saving, a couple typically knows it. Recent attempts at mandating counseling before a couple can divorce have been approved, although it could end up making things worse for the couple looking to divorce. A divorce is often best done quickly in an attempt to prevent drama or conflict from sparking. Making a couple commit to spending time in counseling talking to a therapist about how to save their marriage may cause backlash. Many of these divorce laws were from a much different time period than the one we live in now. They were from a time where being anything but married gave a

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Former Massachusetts couple fighting for same-sex couples rights

A same-sex couple that used to live in Massachusetts is struggling to get divorced in another state. It is not yet clear if they will succeed, and they find themselves fighting for the basic right to divorce. The proceedings that are taking place in a southeastern state underscore the ongoing struggles for same-sex couples rights. The two individuals were married in 2010 in Massachusetts. Subsequently, they moved down south. The two are now attempting to divorce, but it appears to be a bigger battle than they may have originally imagined. Only one of the two appeared in court for a hearing, where they hoped they would hear that the judge would grant the dissolution of their marriage. The proceedings are pending in Florida, a state that does not yet recognize same-sex marriages. The judge is struggling with a decision to grant the divorce because the state doesn’t legally recognize their marriage in the first place. The parties could move back to Massachusetts, but they would have to satisfy the residency requirements in our state before a divorce could be granted in the Bay State. They would have to reestablish residency in Massachusetts for a one year period before a divorce could be granted in this state. Understandably, the one year residency requirement in Massachusetts is a roadblock for a couple that wants to get a divorce now. In the meantime, the parties find themselves fighting for same-sex couples rights in the state of Florida. The Florida judge has requested that

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Divorce tips for same-sex Massachusetts couples with kids

For same-sex couples who are contemplating a break-up, there are often multiple issues with which they must deal. If children are a part of the equation, the situation can become even more complex. Below are tips to make divorce a little easier for these couples in Massachusetts. Get familiar with the laws concerning custody and support. Since Massachusetts recognizes same-sex marriage, some of the issues that come up in other states won’t apply. It is important, however, to know one’s rights and how the law addresses individual scenarios. Find a lawyer that meets your needs. When a same-sex couple with children divorce, it can be helpful for them to consult with an attorney who specializes in family law, especially as it applies to same-sex couples. An experienced attorney can be an invaluable resource in what could be a trying time. Now is the time to review any existing agreements or documents pertaining to the relationship. If a prenuptial agreement was signed, did it take children into account? Are there documents outlining estate-planning that should be considered? Occasionally, some of the issues that come up during the filing period have already been settled. It’s a good idea to check early on in the process. Continue to keep the same routine, even if one partner is pushing to make drastic changes. Routine and past history are taken into account by the court when deciding things like child custody. Changing the day-to-day routine and then later asking for it to return to what

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Major victory achieved for same-sex couples rights

Recent current events are exemplified in the Bob Dylan song, The Times They Are a-Changin’. Gay couples in Massachusetts and the rest of the nation just achieved a major victory on a federal level. Officials with the attorney general’s office announced a change to same-sex couples rights that will affect many areas of their lives. The Justice Department is expected to issue a memo that substantially expands the rights of people in same-sex marriages — increasing their recognition on a national level. The change will apply even in states that do not recognize same-sex marriage. It is only valid, however, when federal matters like bankruptcy and prison visits are concerned. For example, if two women got married in Massachusetts and then moved to Indiana, they can now file federal bankruptcy together. This is true even though they are in a state that does not recognize their marriage as legally binding. They will now be treated with the same consideration given to a more traditional couple. Several other areas are affected. Under the new policy, people with same-sex spouses who are incarcerated in a federal facility will be granted the same visitation as is afforded heterosexual couples. In both civil and criminal federal matters, spouses will be given equal rights regardless of the gender of their person to whom they are wed. This means one spouse cannot be compelled to testify in court against the other. One major area that was not directly affected by the recent changes is same-sex divorce.

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Non-traditional couples in Massachusetts offered USAA insurance

Affordable, reliable insurance can be difficult to acquire in Massachusetts and elsewhere and, as such, is a benefit that is worth fighting for. Widows and widowers who were in legally-recognized, same-sex relationships that have not remarried will now have the option of continuing insurance coverage from the United States Services Automobile Association. Divorced non-traditional couples that remain unmarried will also have access to the same benefits, according to the agreement. The change is part of an agreement the USAA made with the Attorney General’s office. The USAA provides insurance to members of the armed forces and their family members. In the past, the organization faced complaints that it ceased coverage for anyone in a same-sex relationship that ended in divorce or the death of one of the participants. Although Massachusetts began officially recognizing gay marriage in 2004, the USAA did not update its policies to include same-sex couples for eight years afterwards. Now, under the terms of the agreement, the USAA will provide benefits to the people whose requests were denied previously. The company will also pay a fine. In a statement released recently, the USAA claims the agreement is not a change from its regular practices. The company says it has offered benefits to non-traditional couples for the past two years. USAA asserts this includes both surviving spouses and divorcees — as long as they have not remarried. This agreement is one example of the difficulties non-traditional couples may face. Divorce or death of one of the partners only

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