Home-field Advantage
Since Massachusetts legalized same sex marriage in 2004, the question of divorce has yet to be successfully and properly addressed by the state. The first same sex divorce was filed shortly after the legalization; the courts were inadequately prepared to handle the intricacies of a same sex marriage. The biggest of these problems being the qualifications for meeting a divorce in Massachusetts; and still over half a decade later there are matters regarding children and alimony causing same sex couples an unwarranted amount of stress.
A judge in Nebraska ruled it was against Nebraska’s Constitution to grant a same sex divorce because same sex marriage is not recognized by the state. Similar rulings have taken place in Connecticut, Pennsylvania, Rhode Island and Texas, which also do not recognize same sex marriages. The judge recommended the women, who were wed in Vermont, return to Vermont to divorce. A couple from Texas, who wed in MA, was also denied a divorce; however, according to Massachusetts divorce laws, a couple must reside in the state that is granting the divorce. Thus, same sex couples have to think twice before marrying in another state, in case they are left with no means to divorce in states without recognition laws.
Furthermore, custody battles become extremely messy and complex with same sex couples. Since only one spouse can biologically become the parent of a child, it is pertinent that the other spouse legally adopts the child. Without adoption there can be no claims for custody or child support. Courts, who usually favor maternal custody, are faced with unprecedented dilemmas when both parents claim to be the mother. Another complication same sex divorces encounter which heterosexual divorces do not, is in regard to alimony. Heterosexual divorcees are able to give alimony tax-free. The Internal Revenue Service does not recognize same sex marriages, meaning the supporting spouse would pay alimony, but not receive the tax deductions. The Massachusetts Lesbian and Gay Bar Association reminds same-sex couples of these complications if they are married in Massachusetts.
Related article about cohabitation agreements here.