Same Sex Divorce and Custody
Same sex marriages have been fought for over several decades and finally have received the validation of becoming legal across the United States. The Supreme Court ruled in favor of same sex marriage in June 2015, which means both an exciting new beginning for many couples, and finally legal rights for same sex divorce and custody cases.
Prior to those changes, many couples were married legally in certain states, but not considered married in others; hence, they were unable to seek divorce or pursue custody actions in the same manner. Now, all married couples are subject to the same divorce and custody laws and procedures, regardless of whether or not they are a same sex marriage.
Our office has extensive experience in the areas of divorce and custody and are known for handling all cases with compassion and attention to detail.
Divorce
Same sex divorces follow the existing divorce procedure which is explained in detail here. Same sex couples often faced difficulties in determining ownership over shared property prior to the Supreme Court decision. Now, same sex couples seeking divorce in Pennsylvania will divide property through equitable distribution.
When it comes to determining how to divide property, Pennsylvania is an equitable distribution state. Rather than simply dividing assets 50/50, property is evaluated according to ownership prior to marriage, whether or not property has gained or lost in value, and numerous other factors to distribute. Same sex divorce follows the same guidelines and an experienced divorce attorney can help evaluate what to expect during equitable distribution based upon what property each spouse acquired prior to and during the marriage.
Custody
The importance of a custody agreement lies within the ability to maintain appropriate contact with each parent and uphold the best interests of the child. Types of custody include physical and legal custody, both either solely or shared. For same sex marriages with a biological or adopted child, custody agreements provide the structure and predictability that children need when parents divorce.
Click here for more information on custody, and here for information on how to discuss divorce with children. Please also take time to read through our blog page for content on divorce, custody and support matters.
If you are considering divorce and have questions about how same sex divorce and custody are handled, call the trusted divorce and custody lawyers at the Law Offices of Michael Kuldiner, P.C. today to schedule a consultation, (215) 693-6191.