Same Sex Divorce

Understanding The Issues in Massachusetts Same-Sex Divorce


Gay divorcing couples in Massachusetts face, in many ways, a simplified parting.  Yet  even though same sex marriages have been legal in Massachusetts since 2004, unique complications remain. For instance, how can federal pensions be handled in light of the federal government’s failure to recognize same-sex marriages? How can gay parents protect their custody rights if they have not legally adopted their child or children? And will courts determine which property be divided?

I am Boston attorney Annette Baker, principal and founder of the Baker Law. For over a decade I have worked with dozens of same-sex couples struggling with the complexity of divorce in Massachusetts. I place your divorce goals at the top of my priorities. I am skilled and committed in the pursuit of protecting your rights. I can work to enhance your rights and outcome by navigating the many factors that can affect your outcome. For instance:

  • Are you concerned because you have not formally adopted your child? Your rights may be in jeopardy, but if you have functioned as the primary caretaker you may have substantial custody rights.
  • Are you concerned about federal benefits? Even if you do not have rights to your partner’s federal benefits, you may be able to offset them by pursuing other assets in their place.

In the end, a large majority of issues that same-sex couples face in divorce are identical to those faced by straight couples. Tax and valuation issues can still apply, and a misstep can cost you a fortune. My goal is to ensure that the dissolution of you marriage is not the dissolution of your soul. I employ holistic and healing remedies that work to ensure you come out of the divorce in one piece.

As a mediation-centric firm, I work with you to resolve the issues we can by negotiating, agreeing and settling out of court. There are many advantages to mediation. Of course, there are some relationships and personalities for whom mediation will not work. In these cases I will let you know that court is your best option. As a seasoned and skilled litigator I will purse this option only when I see that it is in your best interest. 

Take The First Step To A New Beginning

My firm, Baker Law, is located in Beverly’s Cummings Center, an award-winning restoration of the former United Shoe Machinery plant. The Cummings Center features free parking, easy access by the MBTA bus and North Shore commuter rail, and convenient access via routes 1-A, 62 or 128. You are welcome to pay by credit card. Call 978-922-2888 or send me your information and we can arrange a time to talk about what you need.