Family Law Attorneys for Same-Sex Couples in Media, PA

Marriage equality also means divorce equality. When a same-sex marriage ends in Pennsylvania, the divorce process is identical to the process for all other marriages. The same laws govern property division, alimony, divorce, child custody, and child support. At the same time, same-sex couples can face unique legal questions, particularly when it comes to parentage. Fastman Family Law serves same-sex couples in Media and throughout Delaware County with the knowledge and understanding these cases deserve.

Here’s the revised section, keeping the throughline that every piece of the process is identical for same-sex couples:

The Divorce Process for Same-Sex Couples

Pennsylvania divorce law applies to same-sex couples exactly as it does to any other married couple, from the grounds for divorce through property division and alimony.

Grounds for Divorce

Pennsylvania recognizes both no-fault and fault-based grounds for divorce. Most divorces proceed on no-fault grounds, either by mutual consent of both spouses or based on an irretrievable breakdown of the marriage after a period of separation. Fault-based grounds remain available as well, when appropriate. Same-sex spouses can file under any of these grounds on the same terms as any other spouse.

Property Division

The same is true of property division. Pennsylvania is an equitable distribution state, which means marital assets and debts are divided based on what is fair rather than what is equal. The court reviews several factors when determining what is fair, including the length of the marriage, each spouse’s income and future earning capacity, and each party’s contribution to the marriage, whether financial or not. These factors are the same for any divorcing couple.

Alimony

Alimony follows the same rules. Where the distribution of the marital estate is not sufficient for a dependent spouse to meet their needs, the court can award alimony under the same statute that governs every Pennsylvania divorce, without regard to the gender of either spouse.

If both spouses agree on the terms of divorce, a Property Settlement Agreement can be submitted to the court. If not, the court will address the issues and enter an order after a hearing.

Parentage Issues Unique to Same-Sex Couples

While the divorce process itself is the same, Pennsylvania’s parentage law creates an important issue for same-sex couples raising children. When a couple conceives a child through assisted reproductive technology or through a known donor, the parent who does not carry the child must adopt the child to have legal parental rights.

This is because Pennsylvania’s paternity and parentage statute is gendered. Under the statute, only a husband has automatic parental rights when a child is born during a marriage. A wife married to the birth mother does not receive that same automatic recognition, no matter how involved she is in the child’s life.

For non-carrying parents, a second-parent adoption is the way to secure full legal parental rights. Without it, custody, decision-making authority, and even inheritance rights can be called into question, particularly if the relationship ends or the carrying parent passes away. Addressing parentage early protects both the parent and the child.

Compassionate, Experienced Representation

Our firm has experience with the legal issues same-sex couples face, from divorce and property division to adoption and parentage matters. We are equipped to handle every issue that arises with compassion and understanding, and we take the time to ensure our clients understand their rights at every stage of the process.

Contact a Same-Sex Family Law Attorney Today

Whether you are considering divorce, seeking to protect your parental rights, or have questions about how Pennsylvania law applies to your family, we are here to help. Contact Fastman Family Law at (610) 222-5930 or online today to schedule a consultation with our family law attorneys, serving Media and Delaware County.