Challenges of Same-Sex Divorce in Bucks County
As is true with any divorce, same-sex divorces in Bucks County can be emotionally taxing and legally complex. That said, there can be unique concerns to address as well. Issues related to child custody, asset division, and the interplay of evolving state laws in Pennsylvania and New Jersey could play a role. Talk to a Bucks County family attorney about how these potential obstacles could impact your case to protect your rights and secure your future.
Child Custody, Parental Rights, and Asset Division
A challenging aspect of any divorce for parents is determining child custody arrangements. In same-sex divorces, custody issues can become even more complicated, especially when only one spouse is the biological or legal parent of the child. Pennsylvania law emphasizes the best interests of the child when making custody decisions, but establishing parental rights for both parties can sometimes be more difficult.
For example, if one spouse adopted the child or is the biological parent while the other did not formally establish legal parental rights through adoption or a second-parent adoption, the non-legal parent may face challenges when seeking custody or visitation rights.
New Jersey, on the other hand, has more progressive laws concerning same-sex parental rights and often provides more protections to non-biological parents in these cases. In either state, seeking the assistance of a knowledgeable family lawyer is key to protecting your parental rights.
When it comes to asset division, Pennsylvania recognizes that property acquired during the marriage is subject to equitable distribution, which means the court will divide assets fairly, but not necessarily equally. Yet for same-sex couples who lived together prior to their legal marriage, determining which assets are considered marital can be complicated. More comprehensive protections for same-sex couples, particularly those who entered into civil unions before marriage, are in place in New Jersey.
The Impact of Evolving Laws
Laws surrounding same-sex divorce and marriage have been evolving rapidly, and this can create legal uncertainties. Pennsylvania and New Jersey both recognize same-sex marriages, but there are legal differences. Additionally, older laws that predate the legalization of same-sex marriage may still affect some aspects of divorce, creating challenges for divorcing couples.
For instance, if a couple moved between Pennsylvania and New Jersey during their relationship, the differences in state laws could impact how their divorce is handled, particularly when it comes to the division of property, spousal support, and parental rights. Each state has different legal precedents that may influence the outcome of a same-sex divorce.
Given the complexities of same-sex divorces in Bucks County and the surrounding areas, it’s essential to work with a family lawyer who has experience handling these types of cases. A skilled Bucks County family attorney can help you navigate the process.
Is it time for you to exit a same-sex union? Same-sex divorce brings its own set of legal considerations, but with the right support, you can protect your rights and ensure a fair outcome. Have a conversation with the legal team at Kevin L. Hand, P.C., call 215-968-6602 to schedule a confidential meeting.
