Department of Public Health , Mass. Since that time, thousands of same-sex couples have been married in Massachusetts. By , couples residing in states outside of Massachusetts were also extended the right to marry in Massachusetts. With the advent of same-sex marriage comes unfortunately the advent of same-sex divorce. For couples married in Massachusetts and residing in Massachusetts, same-sex married couples follow the same basic Massachusetts statutory framework and rules which govern the division of assets and alimony in other divorce cases. Child support and custody issues, however, may be more complicated depending on the legal relationship between the children and the parents. For couples who marry in Massachusetts but then move to a state or country which does not allow same-sex couples to marry, divorce may be much more complicated.
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With the advent of same-sex marriage comes unfortunately the advent of same-sex divorce. For couples married in Massachusetts and residing in Massachusetts, same-sex married couples follow the same basic Massachusetts statutory framework and rules which govern the division of assets and alimony in other divorce cases.
Child support and custody issues, however, may be more complicated depending on the legal relationship between the children and the parents. For couples who marry in Massachusetts but then move to a state or country which does not allow same-sex couples to marry, divorce may be much more complicated.
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So what happens if same-sex couples who never marry decide to split up? Some couples choose to draft a cohabitation agreement, in which they enter into a formal contract pertaining to their property and finances.
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Often these agreements contemplate the dissolution of the relationship and division of assets. Similarly, some couples who never marry, do not draft a cohabitation agreement and later decide to split up, retain an attorney or mediator to assist them with their division of property and finances.
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If each parent has a legal relationship with the child as a biological parent or through adoption, child custody and support issues are usually decided according to existing child custody and support statutes.
The mediation and collaborative law processes are both great options for same-sex couples navigating the issues of divorce, breakup, custody and property division. Mediation allows divorcing couples to navigate the divorce process with the guidance of a neutral mediator, while simultaneously saving money, working together, and maintaining privacy.
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Collaborative law allows parties to work through the divorce process with a team of attorneys trained in the collaborative process and other outside neutral experts who help the parties negotiate a mutually acceptable settlement.
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