"How to Get Married in Massachusetts - Glad"

ADVERTISEMENT
ADVERTISEMENT

Download "How to Get Married in Massachusetts - Glad"

Download PDF

Fill PDF online

Rate (4.8 / 5) 17 votes
Page background image
How to Get Married in Massachusetts
July 2015
Funding for this publication provided by:
Samuel C. Pang, M.D.
www.GayIVF.com
How to Get Married in Massachusetts
July 2015
Funding for this publication provided by:
Samuel C. Pang, M.D.
www.GayIVF.com
This document is intended to provide general
information only and cannot provide guidance or
legal advice as to one’s specific situation.
Moreover, the law is constantly changing and
this publication is based upon the information
that is known to us as of this printing.
For
guidance on your particular situation, you must
consult
a
lawyer.
You
should
not
act
independently on this information. The provision
of this information is not meant to create an
attorney-client relationship. Check our website,
www.glad.org, for more information.
If you have questions about this publication,
other legal issues or need lawyer referrals,
contact
GLAD
Answers
by live chat or email at
www.GLADAnswers.org
or by phone weekdays
between 1:30 and 4:30pm at (800) 455-GLAD
(4523).
Contents
 INTRODUCTION
1
 THE BASICS
3
NON-MASSACHUSETTS RESIDENTS WHO MARRIED
IN MASSACHUSETTS PRIOR TO JULY 31, 2008
12
SAME-SEX COUPLES WHO ARE ALREADY MARRIED
OR HAVE A CIVIL UNION OR DOMESTIC
PARTNERSHIP
15
 WHAT ARE SOME THINGS WE SHOULD CONSIDER
BEFORE ENTERING INTO A MARRIAGE?
19
 WHAT PROTECTIONS DO WE GAIN FROM A
MARRIAGE IN MASSACHUSETTS?
21
 RESPECT FOR YOUR MASSACHUSETTS MARRIAGE
23
 HOW WILL A MARRIAGE AFFECT MY CHILDREN?
25
 WILL I BE ABLE TO GET HEALTH BENEFITS
THROUGH MY EMPLOYER FOR MY
MASSACHUSETTS SPOUSE?
27
 CAN A SAME-SEX MARRIED COUPLE IN
MASSACHUSETTS FILE A MARRIED TAX RETURN?
29
 HOW DO I GET OUT OF A MARRIAGE IN
MASSACHUSETTS?
30
 OTHER LEGAL PROTECTIONS FOR SAME-SEX
COUPLES
31
Introduction
The process for getting married in Massachusetts basically requires an
eligible couple to submit an application for a license and pay a fee to any city
or town clerk in Massachusetts. After a three-day waiting period (unless it has
been waived by a court), the couple will receive the license from the clerk,
and must then have the marriage solemnized (i.e., have a ceremony in
Massachusetts) within 60 days of filing the application. Once the ceremony
has been performed, the person who performed it will state the time and place
of the wedding on the license, sign it, and send it back to the city or town
where the couple received it. The clerk will then register the marriage and the
couple can receive an official certificate of their marriage.
Anyone can marry in Massachusetts. You don’t need to be a resident of
Massachusetts or a citizen of the United States. However, if you are not a
resident of the United States, you should contact the clerk in the town or city
where you intend to marry to make sure that you bring the appropriate
identification documents.
Until June 26, 2013, the 1996 federal Defense of Marriage Act (DOMA)
prevented same-sex married couples from accessing the 1,138 federal laws
that pertain to marriage. On that date, the United States Supreme Court, in
Windsor v. United States, ruled that DOMA was unconstitutional. That case
was filed by the American Civil Liberties Union, but GLAD filed the first
challenge to DOMA in 2009, Gill v. OPM, and the legal framework developed
in that case was used in subsequent cases, including the Windsor case.
Exactly two years later, on June 26, 2015, the United States Supreme Court
ruled in Obergefell v. Hodges that it was unconstitutional to prevent same-sex
1
couples from marrying,
and so now every state must allow same-sex couples
to marry and must respect the marriages of same-sex couples, regardless of
where the couple married.
1
The case was argued by GLAD attorney, Mary Bonauto. For more information go to:
www.glad.org/work/cases/deboer-v.-snyder.
1
Page of 40