Switch to ADA Accessible Theme
Close Menu
Bucks County Divorce Attorneys > Blog > Family Law > Legal Challenges and Solutions for Same-Sex Couples

Legal Challenges and Solutions for Same-Sex Couples

LGBTDivorce

There are legal challenges that can create headaches for same-sex couples in Pennsylvania. Sometimes these obstacles are connected to adoption or parental rights. In other situations issues arise when it comes to division of assets in the event of separation. To have your questions answered and connect with up-to-date information about recent changes in laws affecting same-sex couples, have a conversation with a seasoned Bucks County family attorney.

Moving Through Joint or Second-Parent Adoptions

A primary legal challenge faced by same-sex couples is establishing parental rights, particularly in adoption cases. In Pennsylvania, same-sex couples have the right to adopt, but the process is not always smooth.

For couples where one partner is the biological parent, second-parent adoption is essential for the non-biological parent to secure legal rights. Taking this step ensures that both parents have equal legal standing, including custody and decision-making authority.

Joint adoption is typically the preferred path for same-sex couples who wish to adopt a child together. This grants both partners legal parental rights from the outset. The requirements and paperwork of establishing a joint adoption can be stressful, and although same-sex adoption is legally recognized, some couples still face bias and delays in the process. Legal representation can help mitigate these issues, ensuring a smoother and fairer adoption journey.

Separation and Asset Distribution

Dividing assets during a separation can be particularly complicated for same-sex couples, especially those who were in relationships before same-sex marriage became legal nationwide in 2015. This can be especially true if the issue is contentious. It’s crucial to document and distinguish between premarital and marital property to ensure a fair distribution.

It is also important to recognize that Pennsylvania follows the principle of equitable distribution, meaning assets are divided fairly but not necessarily equally. Factors such as the length of the marriage, contributions to marital property, and economic circumstances of each spouse are considered.

There have been recent legal developments aimed to provide more clarity and fairness in asset division for same-sex couples. While these legal protections help, disparities can still arise, particularly for long-term partners who married later due to legal restrictions.

Whatever your concern, discuss your challenges with a legal professional. A skilled Bucks County family attorney understands the unique roadblocks faced by same-sex couples and stays updated on the latest legal developments. They can provide expert guidance on adoption, parental rights, and asset division.

Every family is unique, and a family lawyer offers personalized support, helping same-sex couples comprehend their rights and options. With a full comprehension of available next steps, informed decisions can be made. Attorneys work to ensure fair treatment and protect the rights of individuals and couples, both in and out of the courtroom.

Do you have questions about same-sex couple rights in Bucks County? Legal representation not only provides you with clarity but also ensures that you receive the fair and equal treatment you deserve. If you’re facing legal challenges, don’t hesitate to consult with the legal team at Kevin L. Hand, P.C. Call 215-968-6602 for a confidential consultation.

Facebook Twitter LinkedIn