Gay Divorce challenges of the legal system
During its three years of marriage failed, the 44-year doctor deemed her and her ex-Split, their property and parent of two children. Your stay-at-home spouse wanted sole custody and the right to free movement of children from Massachusetts.
In pretrial motions, both parents have the same argument that a judge: Children should be with me, I am their mother.
For years, families, the court judge rejected a favour of the mother when it came to custody disputes. But what to do if both parents are women, or if neither? The judges in Massachusetts were confrontation with this issue for gay and lesbian couples began filing for divorce in 2004, seven months after the Supreme Court of the State legalized homosexual marriage.
Nearly 10000 lesbians and gay couples were married after the judgement. Massachusetts not the record number, have divorced, but also lawyers specializing in family cases to say that in the dozens. Those who choose to end their marriages soon discover that the trauma of divorce is legal and financial difficulties as heterosexual couples are usually spared.
“One of the benefits of marriage, divorce,” said Joyce Kauffman, a lawyer in Boston divorce, considered a dozen cases of same-sex divorce. “But for many couples, the power is very complicated and costly, in a way that heterosexual couples would never live.”
In the case of the doctor, she and her husband while birth to a boy had the same donor sperm. So each other in their adopted son. Organics, their children are half-brothers and sisters, legally, they are full brothers.
“Until now, I am lucky with the court,” said the doctor, said, on condition of anonymity so as not to prejudice his trial. “The birth of a child to me our playroom, often because judges show a preference for a biological mother. I talked to other women, lesbians, were in a similar situation, but it is not the biological mother of their children and, in my opinion, they were not treated as a right by the Tribunal. ”
Although the parties in case of dispute, a court in Boston family has a Solomonic decision and said that each of the women spend half the week in the single family home with the children.
For same-sex couples, divorce can be financially ruinous. The heterosexual couples entitled to a tax deduction for payments of subsistence, but the benefit is not available on gay and lesbian spouses, because the Internal Revenue Service does not recognize their existence.
Divorce, lawyers say that while homosexual persons, alimony payments, most of the wounded are the policies of the IRS, their ex-spouses are also affected, as a tax often provides an incentive for payments.
“In a context of the right, under payment of a revenue stream from one person to another and tax deductible to the person who pays,” said David W. Eppley, a divorce lawyer lesbians with customers. “But in a gay divorce, there are not two, there are three parties, and the third is Uncle Sam.”
Michael, a 42-year-old Bostonian municipal, whose divorce his meeting spoke openly about its details, has met its oldest and richest husband of 17 years ago, they were able to marry. He arrived at the relationship fresh university, without fortune and little independent means of support.
His partner is bought and sold and businesses in possession of housing in the world, where they vacation with friends and family. If the relationship foundered, two years after he married, men imagine splitting personal property, they had Galantamin.
“I was not aware of how things have been chaotic to get,” said Michael in an interview. “Legal maneuvers, we had to go was huge, and it was difficult to find lawyers, been prepared on the issue because it is not easy, that many lawyers familiar enough with the law and how does it work on a gay divorce.
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