Archive for March, 2015

What do Same Sex Couples Need to Know about Divorce?

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Were you married in Maine or in another state and need to get divorced in Maine? Make sure that you have a lawyer who has experience with and knows about the different issues that are involved in same-sex marriages. There are a number of issues that can have an impact on your divorce case that your lawyer must be aware of and know how to work with in order to represent your interests. Here are some of the issues you should make sure your divorce attorney knows about and understands as they impact your legal rights.

What is your marital status?

Think that domestic partnership or civil union that you had with an ex-partner five years ago in another state but you never dissolved before you got married doesn’t matter?  Think again – you might have already been married but you didn’t know it. If you entered into a civil union, domestic partnership, or some other type of legal relationship with someone and never undid it, and then got married, you need to talk with a lawyer who understands what your legal status is before you file for divorce.

When and where were you married?

Were you married in one state or country and then moved to another state that didn’t recognize that marriage at the time? Did that state later recognize same-sex marriage? What does that mean for you? Does it change the date that your marriage began? The start date of your marriage matters because property acquired during a marriage may be, with some exceptions, marital property. It also matters because you can only receive some types of benefits, or spousal support, if you have been married for a certain length of time.

Did you buy a home with your spouse?

When and where you bought your home and what your marital status was at the time, matters. If you were married in Massachusetts in 2005 and moved to Maine in 2007 and bought a house together, that home is probably marital property.

Do you and your spouse have children?

Were the children born during the marriage? Did either of you adopt? Did you use a sperm donor? Were the children from a prior relationship? Do you have a parenting agreement? Do you know how to count income for student loans or for the FAFSA?  Make sure you talk to an attorney who can help you understand your rights regarding your children.

Do either of you receive benefits or have retirement accounts?

Do you or your spouse have an IRA, 401(k), pension, or 403(b) plan? Were either of you a veteran? Were either of you a public employee? If so, you or your spouse may have a claim to a portion of these benefits.

Other issues

Do either of you owe student loans? Do you know what your rights are about social security retirement benefits?

Make sure you find a lawyer who is experienced in the legal issues that affect your rights. At Portland Legal LLC, we have the experience and knowledge to help you navigate this area. Contact us at www.portlandmainelegal.com 

Checklist for Couples in Same-Sex Relationships

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It is important for all couples to do legal planning to ensure the safety and security of family and children, but it is especially important for same-sex couples who may face unique challenges from unsupportive family or when traveling through states that may not recognize their relationship status or that don’t have anti-discrimination laws. We have all heard of the situation where someone has a car accident in an unfriendly state and their partner, or even their spouse, is kept out of the hospital room, or where a couple breaks up and the person who is not the biological parent of the children is suddenly barred from seeing them. No one thinks this will happen to them, until it does.

Here are some documents that you should have to make sure your family is protected:

  1. Advance Health Care Directive.

An Advance Health Care Directive lets you choose who will make major medical decisions for you if you are disabled or in an accident, and will also control what those decisions are. In Maine, it can also let you choose who you do not want to make those decisions for you.

  1. Financial Power of Attorney.

A financial power of attorney lets you choose who will take care of your finances, manage your accounts, and pay your bills if you become disabled or are in an accident. Make sure your spouse or partner gets to make those decisions.

  1. Will

A will sets forth how you want your property to be distributed after your death.

  1. Adoption Documents.

Do you and your spouse or partner have children? Have you done a second parent adoption? If you haven’t, you should, even if you are married. Some states that will not recognize your marriage will recognize your second parent adoption. An adoption also makes sure that both parents legal rights and relationship with the children are recognized even if you separate or if something happens to one parent.

  1. Co-Parenting Agreement.

If you don’t want to adopt or can’t for some reason, you and your spouse or partner can also draft a co-parenting agreement. This is an agreement between you and your spouse our partner that both of you are parents of your children and sets guidelines that both of you will follow.

  1. Property Agreement.

Were you and your spouse living together for a long time before you were able to get married? Or do you have property together but don’t want to get married? You should consider a property agreement to memorialize what happens with your property

  • Donor Agreement
Are you and your partner or spouse thinking of having a child with a known sperm donor? Do you know that under some circumstances, the donor could try to have contact rights with your child if you don’t make sure you are protected? A donor agreement will help make sure that your donor is a donor and that you will control his relationship with your child.

If you have questions about any of these documents, please contact us today to set up a time to speak with a lawyer about what is best for you and your family.

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