Montgomery County Same Sex Divorce Lawyer
What You Need to Know About Same Sex Divorce
The US 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 partners who are amicable and willing to work together, it could be very contentious process, or somewhere in between. Every divorce is as unique as the people involved.
What Is the Process in Same Sex Divorce?
Your divorce process will include resolving the following matters:
- Spousal support: The amount you may be entitled to will be determined by the income of each partner, the duration of the marriage, with an added aspect – if you were responsible for the marriage breakup, in Pennsylvania, 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 of the marriage, whether one spouse adopted the other’s children, or the child was conceived through artificial insemination, the health and wellbeing of the child is the primary concern 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 term of the marriage, whether that parent is the biological father or mother 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.
Litigation or Mediation?
It is an unfortunate fact that many marriages do not end well. The two partners may not be in a condition 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, but 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. As you are trusting the court to resolve these issues, the quality of your family law attorney is paramount.
Call Law Offices of Sheryl R. Rentz, P.C. 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. Get the legal team at the Law Offices of Sheryl R. Rentz, P.C. in your corner today. For a no-cost initial consultation, call (866) 290-9292 (toll-free) today.