Going through a divorce can be a challenging and complex process, especially for LGBTQ+ couples in Pennsylvania. There are several unique factors to consider, such as state laws, legal recognition, parental rights, property division, and the importance of social and emotional support. Most importantly, don’t hesitate to speak with knowledgeable Montgomery County divorce lawyers about protecting your rights and assets.
Legal Recognition in Pennsylvania
In 2013, the American Civil Liberties Union (ACLU) and Gay and Lesbian Advocates and Defenders (GLAD) filed a lawsuit in Pennsylvania on behalf of 23 plaintiffs. This lawsuit contested Pennsylvania’s ban on same-sex marriage, arguing that it violated the U.S. Constitution’s guarantees of equal protection and due process. On May 20, 2014, U.S. District Judge John E. Jones III issued a ground-breaking ruling. He declared Pennsylvania’s ban on same-sex marriage unconstitutional and struck down the state’s 1996 law that prohibited same-sex marriage.
With the legalization of same-sex marriage in Pennsylvania, bi-national same-sex couples now enjoy the same immigration benefits and protections as opposite-sex couples. This change ensures that the foreign-born spouse in a same-sex marriage can obtain a marriage-based green card, paving the way for them to live and work legally in the United States.
Parental Rights and Custody Issues in Pennsylvania
Pennsylvania’s legal framework presents challenges for LGBTQ+ non-biological parents seeking parental rights. For example, the absence of a biological connection between parent and child can lead to uncertainties in judicial decision-making for custody and visitation rights.
Transgender parents in Pennsylvania may face legal complexities in obtaining recognition and parental rights. This could involve navigating a complex web of regulations, particularly if gender transition occurs after the child’s birth, which can be a time-consuming and intricate process.
LGBTQ+ and non-biological parents should seek the legal counsel of an experienced Pennsylvania divorce attorney to secure their parental rights. This may involve adoption, legal agreements, or court orders. Staying informed and exploring avenues to protect their family units is crucial in Pennsylvania.
Property Division and Financial Considerations in Pennsylvania
In Pennsylvania, marital property is divided fairly but not necessarily equally upon divorce. This is important for LGBTQ+ couples who may have acquired assets before and after same-sex marriage was legalized.
- Pre-legalization assets: Before same-sex marriage was legalized, LGBTQ+ couples lacked legal recognition and protections. Many managed their assets independently or under complex legal structures to secure their shared financial future, including property, savings, investments, and more.
- Post-legalization assets: After same-sex marriage was legalized, many LGBTQ+ couples combined their finances, acquiring assets jointly, such as a home, bank accounts, or investments. These assets are likely considered marital property and subject to equitable distribution in a divorce.
Get Legal Support and Guidance
LGBTQ+ individuals going through a divorce in Pennsylvania face unique challenges, but with the right legal support and resources, you can navigate the process successfully. At The Martin Law Firm, P.C., we are here to guide you through this chapter in your life. Our team of divorce attorneys in Blue Bell is committed to helping you protect your rights and achieve the best possible outcome.