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Same Sex Marriage Issues Attorney's Salem MA

Attorney Aaron E. Allen of MacLachlan & Allen, LLP is a Divorce and Family Law Attorney you can rely on.

Call 978-745-9569 to reach the Divorce and Family Law Specialist Aaron E. Allen. Divorce and Family Law Attorney Aaron E. Allen has over 14 years’ experience in helping individuals and families with divorce and other family law needs. He has worked throughout the North Shore of Massachusetts and the extended Greater Boston Area.

Same Sex Marriage Issues

In 2004 Massachusetts was the first state to legalize same sex marriage. Same sex marriage was legalized due to a ruling in favor of marriage equality in the 2003 case Goodridge vs. Department of Public Health. Following suit, in 2015 the US Supreme Court decided the landmark case Obergefell v. Hodges that denying same sex couples the right to marry was a violation of their constitutional rights.

In most aspects, same sex couples face the same legal issues that heterosexual couples face when it comes to marriage. In Massachusetts, the laws regarding what constitutes a valid marriage are the same regardless of whether the couples are heterosexual or not. Additionally, like heterosexual couples, same sex couples may benefit from creating prenuptial or postnuptial agreements.

Divorce is also treated the same way. However, there are complex complications that may come into play when handling child custody issues and rights of non-biological parents. Although Massachusetts does not require both parents to be biological to have parental rights (Gabriella Della Corte vs. Angelica Ramirez, 81 Mass. App. Ct. 906, (2012), there are circumstances in which one parent’s rights could be called into question. With such an important issue such as child visitation at stake, it is important that you have an experienced attorney at your side.

Contact the Attorneys at Maclachlan Allen today, we will help you through each step of the process and get you what you deserve.Call (978) 745-9569 and protect your rights today!