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what is Proposition 8? And why is it a big deal?

Welcome to Part IV of our Marriage Equality Monday series, in which we look at the issue of Marriage Equality.  It’s been a long wait, but on Wednesday the Supreme Court will be hearing arguments in Windsor v. US and Hollingsworth v. Perry, two cases challenging different aspects of the denial of the right to marry to same sex couples.  Previously, we’ve looked at…

Massachusetts Supreme Court Recognizes Vermont Civil Union Similar to Marriage

Massachusetts Supreme Judicial Court (highest court in the Commonwealth) recognized today that a Vermont Civil Union should be treated as equivalent to a marriage in Massachusetts. This case came about when two gay men married in Massachusetts in 2005.  Several years later, when one of them filed for a divorce, he found out that the other had previously entered into a civil…

Out of State Same-Sex Divorce in Massachusetts

Here are the facts:  A couple who doesn’t live or reside in Massachusetts, comes to Massachusetts solely for the purpose of getting married.  They are allowed to be married because Massachusetts allows same-sex couples to get married.  They return to their home state where same-sex marriage is not allowed.  Now, time passes and their marriage breaks down and they want to get…

What marriage should mean

I’ve been posting a lot here recently about marriage despite this being a blog about divorce.  But obviously divorce and marriage is related.  As a divorce attorney, I don’t celebrate when my clients get a divorce.  My job is a necessary evil.  Divorce happens and it is the role of the divorce attorney to help lay a foundation out of the financial…

Can a Civil Union Be Dissolved in Massachusetts?

  If a gay or lesbian couple joins together in marriage in either Massachusetts, California or Connecticut, they can definitely get divorced in those respective states.  In states that outlaw same-sex marriage, due to the Defense of Marriage Act (DOMA), those states do not have to recognize a same-sex marriage from another state and therefore do not have to grant their request…

Expanding Marriage Rights

Massachusetts was the first state to legalize same-sex marriage in the country.  California followed suit this year.  However a caveat to the Massachusetts new marriage laws is that Massachusetts will still deny same-sex couples, coming from out of state to marry in Massachusetts if the marriage would not be recognized in their home state.  This is a 1913 law that former Governor…