Barbara J. Katzenberg, Attorney at Law
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July 2016 Archives

Same-sex divorce and cohabitation issues can be complicated

With society evolving at the pace it does, issues related to nontraditional families are becoming more prevalent. Many couples in Massachusetts choose not to get married, and legal issues may arise when such relationships end -- especially if there are children involved. Same-sex couples are free to get married, but in the event of a same-sex divorce, there may be some unique issues to be resolved.

Negotiating a divorce agreement involves many difficult decisions

The decision to file for divorce in a Massachusetts family court is a difficult one to make, but that is only the first in a long list of important -- and often tricky -- decisions that will follow. This is especially true when there are children involved, because there will forever be a cord that ties the parents together. Before spreading the news of the decision to get divorced, it may be best to consider the options. Can a divorce agreement be reached without litigation, and will conflict resolution through mediation be a suitable route to take?

Nontraditional family law has a lot of catching up to do

Despite the U.S. Supreme Court's 2015 decision that bans on LGBT marriages are unconstitutional, legal disputes over multiple issues arise when these couples break up. Until all laws are updated to include nontraditional family law, same\-sex divorces and the end of some domestic partnerships may end up in court. Although Massachusetts is far ahead in accommodating same-sex issues, some other states lag behind.

Will all your years together be considered in a same-sex divorce?

Although the green light was given for same-sex marriages in every state last year, it has been suggested that couples avoid rushing into these marriages purely because they can. The Supreme Court ruled that same-sex couples have a constitutional right to marry. People do not typically consider divorce when they wed, but maybe the possibility should still be considered. Even though Massachusetts formally recognized same-sex marriages in 2004, there may still be some emotional and financial issues unique to a subsequent same-sex divorce.

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Barbara J. Katzenberg, Attorney at Law
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Worcester, MA 01608

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