Same-Sex Couples’ Family Law

Now that more than 10 years has passed since Massachusetts began issuing marriage licenses to same-sex couples, same-sex divorces have also become somewhat common. Gay and lesbian couples whose marriages break down face all the personal, emotional and financial challenges associated with "traditional" divorce. We help our clients address these matters every working day.

Knowledgeable, Results-Focused Legal Counsel • Contested Or Uncontested Divorce

We understand that divorce creates stressful and difficult times in our clients’ lives. Our attorneys, Edward L. Amaral, Jr., and Talia Simonds, provide women and men of all ages with counsel tailored to their specific goals and concerns. Applying more than 30 years of combined experience, they both focus on achieving a fair and reasonable resolution. As a legal team, we are committed to maximizing efficiency and cost savings for those who need quality family law representation in the Greater Boston area.

Since the United States Supreme Court partially struck down DOMA in the case of United States v. Windsor in June 2013, generally speaking, the requirements and processes for obtaining a same-sex divorce in Massachusetts are the same as for any other divorce. Issues including child support, alimony, custody and parenting plans, removal of children from the state, division of assets, division of liabilities, prenuptial and postnuptial agreements, medical and life insurance, and complicated financial and tax matters are now treated much like they are in opposite-sex divorces. We understand the intricacies of handling a same-sex divorce — and we provide complete family law services to same-sex couples with other needs.

Current Legal Knowledge And Proven Ability To Provide A Complete Range Of Family Law Services

In addition to handling same-sex divorces, we also provide complete family law services to same-sex couples. This includes, but is not limited to, alimony, alimony reform, modification of alimony, child support, modification of child support, parenting plans, contempt actions, custody, removal of children from the state to another state, paternity, division of assets, division of liabilities, prenuptial agreements, post nuptial agreements, medical and life insurance, and complicated financial and tax matters.

In the wake of United States v. Windsor, as well as other relevant litigation and legislation throughout the United States, there are uncertainties surrounding federal law regarding treatment of pensions, taxation and related issues. There are also uncertainties about enforcing custody and parenting plans outside of the Commonwealth in states that do not recognize same-sex marriage. Historically, this has been a point of concern in same-sex divorce. Complexity may also arise in your case if, for example:

  • You lived together "as married" long before you were able to legally marry and alimony may be disputed
  • You have a prenuptial or cohabitation agreement in place that may be subject to successful challenge and judged unfair or invalid
  • Either divorcing spouse plans to move outside the Commonwealth of Massachusetts
  • You need to address parentage, custody and/or parenting plans, particularly if either spouse intends to move outside the Commonwealth

A lawyer at our firm will treat you with care and respect, taking the time to genuinely understand your most important concerns as you prepare for divorce. To request an initial consultation at no charge, call 617-539-1010 or email us now at Amaral & Associates, P.C. We meet with clients at the office location most convenient for them, in Boston’s North End and Waterfront or in Winthrop.