LGBTQ+ Divorce and Family Law Services

Nussbaum Family Law, in Sharon, Massachusetts, is proud to provide divorce and family law services such as Collaborative Law, Mediation, out-of-court negotiation, Court Representation/Litigation and Prenuptial/Postnuptial Agreements to same-sex/LGBTQ+ couples or individuals, who are entitled to the same rights and protections as heterosexual parties under the constitutions of the United States and Massachusetts. Under Massachusetts law (MGL c.207), the same laws and procedures that govern heterosexual marriage also apply to same-sex marriages. There are no special procedures for a same-sex marriage. Massachusetts has the distinction of being the first state in the Union to legalize same-sex marriage in 2003, as declared in the Supreme Judicial Court case Goodridge v. Mass. Department of Public Health, 440 Mass. 309 (2003). The majority opinion states in part as follows: The Massachusetts Constitution affirms the dignity and equality of all individuals. It forbids the creation of second class citizens…. Barred access to the protections, benefits, and obligations of civil marriage, a person who enters into an intimate, exclusive union with another of the same sex is arbitrarily deprived of membership in one of our community’s most rewarding and cherished institutions. That exclusion is incompatible with the constitutional principles of respect for individual autonomy and equality under law. However, it was not until 2013, ten years later, that the United States Supreme Court in United States v. Windsor, 570 US 12 (2013), held that the Defense of Marriage Act defining marriage as only between a man and woman, to be unconstitutional, and another two years until the Supreme Court declared in Obergefell v. Hodges, 576 U.S. 644 (June 26, 2015), that same-sex couples have the constitutional right to marry. Nonetheless, Post-Obergefell, Parentage/parental rights issues remained for same-sex couples within Massachusetts, especially unmarried couples, where such rights were mostly only addressed through the courts. To address these gaps, the Massachusetts Parentage Act (“MPA”), modeled on the Uniform Parentage Act was enacted. The MPA greatly broadens who may be legally recognized as a parent and how to establish parentage. For more information, click here and for the full text of the law, click here.

Despite the current universal right to marry and the parentage rights enshrined in Massachusetts by the MPA, LGBTQ+ couples continue to face discrimination in other states. The political landscape has changed dramatically, and hard-won rights are already facing challenges. As some states fail to adopt the Uniform Parentage Act and others have enacted laws that undermine LGBTQ+ protections, families must take steps to safeguard their rights to make critical custodial, medical or educational decisions, or to ensure marital property rights and receive spousal support.

Nussbaum Family Law can help you take proactive steps to protect your family. For LGBTQ+ couples in Massachusetts, the following legal steps are particularly important:

• Marriage: Even if your marriage is not recognized in some states, Massachusetts law protects your rights as a married couple. Marriage secures essential rights, such as decision-making authority for your spouse and children, tax benefits, and property protections.
• Prenuptial Agreement: Drafting a clear prenuptial agreement can protect your financial interests regardless of future changes to marriage laws. Even if your marriage is invalidated in another state, a prenuptial agreement may still be enforced to ensure property division and financial security.
• Birth Certificate: For non-biological parents, ensuring your name is on your child’s birth certificate is crucial. While this may secure parental rights within Massachusetts, pursuing a second-parent adoption provides even stronger legal protection.
• Second-Parent Adoption: This process ensures that your parental rights are recognized nationwide, offering security for your family in case you move or travel.
• Estate Planning: Drafting a will or trust ensures your spouse and children will inherit your property according to your wishes. Without these documents, your loved ones may be denied inheritance rights in states that fail to recognize your marriage.
• HIPAA Release: A signed HIPAA release ensures that healthcare providers will share medical information with your spouse, even if you are in a state that refuses to recognize your marriage.
• Power of Attorney: Granting your spouse power of attorney provides them with the authority to handle financial and legal matters on your behalf should you become incapacitated.
• Healthcare Proxy: Naming your spouse as your healthcare proxy ensures they can make medical decisions for you if you are unable to do so. Without this legal safeguard, a hospital in a non-recognizing state may deny your spouse decision-making authority.

Securing these legal safeguards now can help shield your family against future legal challenges. At Nussbaum Family Law, we are committed to ensuring LGBTQ+ couples have the protections they need to secure their families’ future.

Nussbaum Family Law, located in Sharon, offers experienced representation and mediation services to residents in cities and towns such as Canton, Foxborough, Franklin, Stoughton, Westwood, and throughout Norfolk County, Easton, Mansfield, Norfolk, Norton, and throughout Bristol County,  as well as Bridgewater and Middleborough, and throughout Plymouth County.