Montgomery County Same-Sex Divorce Lawyer
Divorce Attorney Represents Legal Interests of Montgomery County LGBTQ+ Members
For LGBTQ+ individuals seeking counsel for divorce proceedings, the Law Offices of Sheryl R. Rentz, P.C., offers invaluable experience and understanding. With over 25 years of experience, Sheryl R. Rentz brings a unique blend of legal understanding and technical insight, having previously worked as an engineer for AT&T Bell Laboratories.
Founded in 1992, the firm’s family law attorneys are well-equipped to address the many complex legal issues in LGBTQ+ divorces with professionalism and compassion. Contact a Montgomery County same-sex family law attorney at (610) 645-0100 for trusted legal support.
What You Need to Know About Montgomery County Same-Sex Divorce
The United States Supreme Court has confirmed that same-sex couples have the constitutional right to marry and that this right cannot be withheld. In the state of Pennsylvania, same-sex couples are divorced the same as any other couple under the PA Divorce Code.
As with any marriage dissolution, it can be a difficult and emotional process to undergo for anyone. The divorce could involve amicable partners willing to work together, a very contentious process, or somewhere between. Every divorce is as unique as the people involved.
Grounds for LGBTQ+ Divorce in Montgomery County
In Pennsylvania, divorces can be granted on both fault and no-fault grounds. Fault-based grounds include:
- Willful and Malicious Desertion: When one spouse unjustifiably leaves the marital home and remains absent for one year or longer.
- Adultery: When one spouse engages in extramarital affairs.
- Cruel and Barbarous Treatment: When one spouse endangers the life or health of the other through cruel behavior.
- Polygamy: When one spouse knowingly enters into a marriage while still legally married to another person.
- Imprisonment: When one spouse is sentenced to two or more years of imprisonment for committing a crime.
- Indignities: When one spouse offers such indignities to the other that render their life intolerable and burdensome.
No-fault divorces can be pursued based on the mutual consent of both spouses after living separately for at least one year — or if one spouse alleges that the marriage is irretrievably broken and the other does not contest.
Understanding these grounds is crucial for determining the most appropriate approach to initiating divorce proceedings in Pennsylvania.
What Is Involved in a Same-Sex Marriage Dissolution?
Dissolving same-sex marriages, civil unions, and domestic partnerships presents unique legal challenges that requires experience in LGBTQ+ family law. Qualified representation is crucial for litigating sophisticated legal issues such as asset division, debt allocation, and retirement account distribution that’s accumulated during the relationship.
Attorneys with a deep understanding of these matters can provide fundamental guidance and support, preserving the rights and interests of individuals within same-sex partnerships during dissolution proceedings.
The Process of Same-Sex Divorce in Montgomery County
Though the social aspects may feel very different, your divorce procedure will include the following matters, whether you are married to someone of the same sex or not:
- Spousal Support: The amount you may be entitled to will be determined by the income of each partner and the duration of the marriage. An added aspect in Pennsylvania is that if you were responsible for the marriage breakup, it may affect your right to support.
- Alimony: If your spouse was entirely financially dependent upon you, or you were dependent upon your spouse, you may be eligible for support, including money to pay for legal counsel of equal skill to the attorney your former partner retains. This type of support can be pursued in cases in which the court disallows spousal support due to abandonment or adultery. The dependent party may be eligible for financial support while attending college or other training to gain a marketable skill.
- Child Support: When there are children in the marriage, whether one spouse adopted the other’s children or the child was conceived through artificial insemination, the health and well-being of the child are the primary concerns of the court. The amount paid in child support is determined by a formula, which calculates the income of each partner and the number of days the child or children will be with each parent. The court does not want children to suffer a significantly reduced quality of life due to a divorce, and the highest income-earning spouse will typically be required to pay child support.
- Child Custody: One parent may have acted as the primary caregiver during the marriage, whether that parent is the biological parent or not. The court will evaluate the role of each parent in making decisions about child custody.
- Asset Division: The marital assets must be divided equitably, along with all liabilities. This process can be complicated, particularly when a former couple has business assets, stock accounts, properties, or mutually owns other valuable items. The first step is determining which assets are marital and subject to equitable division.
Understanding LGBTQ+ Parental Rights Protection
LGBTQ+ parental rights are safeguarded through legal mechanisms that recognize and protect non-biological parents and co-parents. Establishing legal parentage can be achieved through adoption, surrogacy, or assisted reproductive technology, ensuring parental rights and responsibilities are legally recognized.
Adoption allows LGBTQ+ individuals to become legal parents to their children, while surrogacy and assisted reproductive technology enable genetic or gestational parentage. These legal processes provide stability and security for LGBTQ+ families, affirming their rights to raise and care for their children.
Upholding parental rights is a significant path for fostering inclusive family structures and promoting equality within the legal system.
The Differences Between Litigation vs. Mediation
It is an unfortunate fact that many marriages do not end well. The two partners may not be able to resolve the matters in divorce amicably. When this happens, the divorce will be resolved in court. The state urges divorcing couples to seek an alternative to litigation. In many cases, coming to an agreement outside of court can lead to a more reasonable agreement, but it is not always possible.
If you choose mediation, it may be possible to avoid the stress of a divorce trial. Still, in either case, you need the support of a skilled family lawyer who is familiar with all aspects of same-sex divorce in Pennsylvania. The quality of the presentation of the facts in your divorce in court can make a significant difference in the outcome.
Benefits of LGBTQ+ Divorce Mediation
LGBTQ+ divorce mediation offers a less adversarial alternative, fostering cooperation and reducing conflict between partners. By providing a neutral and supportive environment, mediation encourages open communication and empowers couples to actively participate in crafting mutually acceptable solutions.
Some benefits of divorce mediation include:
- Maintaining Privacy: The confidentiality of mediation ensures that discussions remain private, unlike public court proceedings. This process allows the parties to speak about sensitive matters without fear of exposure, fostering a safe environment for open dialogue and exploring potential solutions.
- Preserving Relationships: Mediation helps parties maintain positive relationships by promoting collaboration and communication. Unlike adversarial litigation, mediation encourages understanding and respect, making it ideal for resolving disputes where ongoing interaction is necessary or desired.
- Empowering Clients to Be Decisive: Mediation grants parties control over the resolution process, allowing them to engage in the process and shape the outcome. With the mediator’s guidance, clients explore options aligned with their interests, leading to mutually acceptable and sustainable agreements that enhance satisfaction for both parties.
Skilled LGBTQ+ divorce mediators understand the unique challenges faced by these couples and are adept at navigating sensitive issues with cultural competence. Their role in facilitating constructive dialogue and promoting understanding helps couples reach agreements by prioritizing their needs and concerns.
Ultimately, mediation offers LGBTQ+ couples a more amicable and efficient way to dissolve their relationship while preserving dignity and respect.
Call Our Montgomery County Same-Sex Divorce Attorney Today
It was not long ago that same-sex marriage was illegal in Pennsylvania. Attorney Sheryl R. Rentz has a wealth of experience in resolving all the critical issues in same-sex family law matters and focuses her legal support on coming to a fair, timely resolution so you can move forward with your new life.
For a no-cost initial consultation, call the Law Offices of Sheryl R. Rentz, P.C., at (610) 645-0100 and get a Montgomery County same-sex divorce lawyer in your corner today.
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