Dissolution
People who live together in committed relationships but are not married have many different kinds of arrangements. Some commingle their finances and own property jointly; others don’t. In some cases both adults have legal relationships to the children in the household; in other cases, only one of the adults has a legal relationship to the child or the children. Divorce laws do not apply to
unmarried couples who end their relationships even though they face many of the same problems that married couples face: how to divide property, how to apportion debt, and how to assign custodial responsibility for children.
Does that mean that a judge will divide property between me and my partner the same way he would if we were married?
No. The law does not empower a judge to make an equitable distribution of property between unmarried cohabitants unless they had a written agreement to do so.
Well, is there any law that applies to my break-up?
Yes. There are many legal theories and principles that apply to unmarried couples who need to divide property they have accumulated during the course of their relationship. These principles can guide a settlement agreement or become the foundation for a lawsuit should that be necessary. Handling same-sex breakups requires some creativity on the part of the lawyer, which is why you should consult an attorney who is familiar with these kinds of situations.
What happens to the children when an unmarried couple breaks up?
It depends. Massachusetts recognizes second-parent adoption and so in many cases both adults will have a legal relationship to their child. In these cases, the courts will handle custody issues the same way they would if the parties were married to one another – because both have a legal relationship to the child.
What happens if there was no co-adoption?
Again, it depends. Since 1999, Massachusetts has recognized “de facto” parents. This means that under certain circumstances an adult who has no legal relationship to a child might be entitled to visits with the child if a court finds that visits are necessary to protect the child from harm. A de facto parent is not entitled to custody and may not be ordered to pay child support. If you think you are a de facto parent to your partner’s child, or if you think that your partner could make a de facto parent claim with respect to your child, it is important to consult an attorney as soon as possible in order to preserve or protect your parental rights.