Washington LGBT & Same-Sex Divorce Lawyer
All marriages in the United States deserve to be treated with respect and dignity. So too, do all divorces. LGBT and same-sex marriages have been legal in Pennsylvania since 2014, when the Supreme Court determined that the ban on these unions in the Commonwealth was unconstitutional. Still, LGBT and same-sex couples continue to face discrimination, as well as unique challenges when they are ending their relationship. Below, our Washington LGBT & same-sex divorce lawyer explains in greater detail.
The Length of the Marriage
Many issues resolved during divorce, such as alimony, are based on the length of the marriage. This holds true regardless of whether a same-sex couple or heterosexual couple is getting a divorce. However, when a couple is the same sex and is getting a divorce, determining the length of the marriage is much more difficult.
Many same-sex couples lived together and presented themselves as a married couple before the ban on these unions was lifted. These couples may have purchased a home together or had children together, even though they did not have a marriage license. Due to the fact that LGBT couples may have been together for a decade or longer before their union was considered official and legal, it can result in some same-sex couples being denied the fair settlement they are entitled to.
Alimony Issues
There are many factors the courts will consider when making decisions on alimony. One of these is the length of the marriage. Spouses in shorter marriages may receive less alimony than spouses that were married for a longer period of time. Again, due to the fact that LGBT and same-sex marriages were not legally recognized the entire time a couple was together, this can drastically change the amount of support one spouse is entitled to.
Child Custody Issues
It is not uncommon for same-sex and LGBT couples to have children together. They may adopt a child that is not biologically related to them, or one spouse may birth a child that is biologically related to that spouse. In either case, the couple then raises the child together. This can cause problems if the couple separates and the non-biological spouse has not legally adopted the child. Without an official adoption or biological relationship in place, that spouse may not have any automatic parental rights and so, they may have to take additional steps to obtain custody or visitation rights.
Property Division Issues
When dividing property in a divorce, only marital property is subject to division. Marital property refers to assets and liabilities acquired during the marriage. This also becomes more complicated in LGBT and same-sex divorces because these couples may have acquired property together before their union was officially recognized.
Our LGBT and Same-Sex Divorce Lawyer in Washington Can Help with Your Case
At Bunde & Roberts, P.C., our Washington LGBT and same-sex divorce lawyer can help you overcome the unique challenges these cases present. Call us today at 412-391-4330 or chat with us online to schedule a consultation and to get the sound legal advice you need.
