Posts Tagged ‘Divorce objectives’

Every family law case should begin with a strategy. An experienced family law/divorce attorney will listen carefully and work with you to develop and implement a strategy that takes into account  the current situation, your goals and objectives, information about your spouse and the realities of the court in which your case will be heard.  Are you on the offense or defense?  Should you be the first to file or should you let your spouse make the first move? Should you push hard for a negotiated settlement? Or leave matters for the Judge to decide?

Beware of any attorney that has a one size fits all answer – such as “always be the first to file beacuse you  are the plaintiff and present your case first” or that “you should surprise and intimidate the other party”. 

Cases are different and what may be a successful strategy in one situation could be a disaster in the next.  A good family law attorney will move the case in the right direction for you!

Massachusetts was the first state to legalize same sex marriage, back in 2003, with the first same sex couples marrying in 2004. Now nine states and the District of Columbia have legalized same sex marriage and people talk of a “sea change” in marriage in the US (and, indeed, elsewhere, as similar changes have been underway in other countries, particularly in Europe). This raised the question of the constitutionality of DOMA, the Defense of Marriage Act, passed by Congress and signed into law by President Clinton (who has recently spoken out in opposition to the law) in 1997. In all, there are some 1,100 federal marriage benefits denied to all same sex married couples, regardless of whether they were legally married according to their state law. Beyond the questions of marriage benefits, however, there are also questions regarding the dissolution through divorce of any same sex marriage.

Obtaining a divorce for same sex couples is an area replete with difficulties, including issues of jurisdiction for divorce (your state may determine divorce based on residency, which will prevent the Commonwealth of Masschusetts from having jurisdiction to grant divorce even if the marriage was originally performed in Massachusetts), and a great many limitations on “standard” divorce practices due to the fact that same sex marriages are not recognized at the federal level. These limitations may include alimony, pension divisions, and limitations on bankruptcy provisions. This is an area where a very experienced divorce lawyer is often required.

DISCLAIMER
The information contained in this blog is for educational purposes only and is not legal advice. The use of this Blog does not create an attorney/client relationship between you and the Law Offices of Barry R. Lewis. If you are considering divorce or if you are involved in any legal matter, you should hire an attorney.

Massachusetts Divorce and Family Law
Attorney Barry R. Lewis — Divorce Law Specialist
Locations Throughout Eastern & Central Massachusetts :: 508-879-3262