Unique Issues In LGBTQ+ Divorce Cases
Divorce always has the possibility of becoming complicated. However, when members of the LGBTQ+ community end a marriage, things are usually much more complex. These couples must resolve all of the terms included in any other divorce case, but these terms are much more challenging to resolve when an LGBTQ+ couple is trying to dissolve their union. Below, our Media divorce lawyer explains more about these issues.
Legal Recognition for LGBTQ+ Individuals in Pennsylvania
In 2014, same-sex marriage was made legal in Pennsylvania after a class action lawsuit was filed on behalf of 23 plaintiffs. U.S. District Judge John E. Jones issued the groundbreaking ruling that the state’s ban on same-sex marriage was unconstitutional and struck the law down. In 2015, the U.S. Supreme Court declared that same-sex marriage was a constitutional right and that no state could ban it.
The state and federal rulings were both landmark decisions, and made members of the LGBTQ+ community feeling very hopeful. While the news is good, it does not mean that LGBTQ+ divorces are not filled with complications.
Custody Issues and Parental Rights
The law in Pennsylvania makes it challenging for LGBTQ+ and non-biological parents who want to pursue parental rights during divorce. For example, if one spouse is not the biological parent and the other is, it can lead to questions regarding custody and visitation rights. Transgender parents in the state may also face legal obstacles when trying to obtain parental rights. This can result in navigating a complicated network of legal regulations, particularly if a parent transitioned after the birth of a child, which is an intricate and time-consuming process.
Non-biological parents can pursue parental rights in a number of ways including legal agreements, adoption, and even court orders. It is important to work with a Media divorce lawyer who can help you navigate these challenges.
Financial Issues in LGBTQ+ Divorces
Many LGBTQ+ couples were together before same-sex marriage was legalized on the state and federal level. These couples often lived and presented themselves as a married couple, even though legally they were not. This poses an issue during property division issues, as it is much more difficult to differentiate between marital and separate property. Only marital property, which is acquired by both parties during the marriage, is divided and so, identifying it is much more challenging.
If one spouse wishes to pursue alimony, this can also become complex. One of the factors the courts consider is the length of the marriage. If a couple had been together for 15 years, but same-sex marriage has only been legalized for 10, there may be a full five years the court will not consider, resulting in reduced alimony.
Our Media Divorce Lawyer Can Help You Overcome These Challenges
If you are a member of the LGBTQ+ community and are now facing divorce, do not do it alone. At Barbara Flum Stein & Associates, our divorce lawyer in Media can help you overcome the challenges these cases present so you obtain the most favorable outcome. Call us now at 610-565-6100 or contact us online to schedule a consultation and to learn more about how we can help.
Source:
legis.state.pa.us/cfdocs/legis/LI/consCheck.cfm?txtType=HTM&ttl=23&div=0&chpt=33&sctn=1&subsctn=0
