Same Sex Marriage and Divorce

On May 17, 2004, Massachusetts became the first state in America to legalize gay marriage. The Massachusetts Constitution states that "the same laws and procedures that govern traditional marriage also apply to same-sex marriage." Gay couples, should they decide to marry, now share all of the legal rights, protections and benefits that were once granted only to a married man and woman. They also share the legal right to divorce.

Same-sex couples began seeking divorce about seven months after these marriages were legalized in Massachusetts. Couples had to complete forms which read "husband" and "wife" since the courts had not yet created a form specific to gay divorce. The first gay divorce in Middlesex County came only three months after legalization.

Same-sex divorce can be difficult. Most states will not recognize and do not support same-sex marriage, and therefore will not grant a same-sex divorce. A state will only agree to grant a same-sex divorce if both parties have been legal residents of that state for at least 6 months.

For more information regarding same-sex divorce and the law in Massachusetts, please contact a Middlesex County attorney at RauseoLaw. A lawyer is always ready to view your case and support you throughout the experience.