Philadelphia LGBTQ Same Sex Divorce Lawyer
LGBTQ and same sex couples share equal rights as their heterosexual counterparts when it comes to marriage, but the potential for the relationship to break down is also a common element. If you are contemplating divorce, Pennsylvania dissolution of marriage laws also apply equally. Parties must address their legal and financial ties, which will be terminated through the divorce process. Parents of minor children will also need to tackle child custody, visitation, and support.
As a result, retaining skilled representation is critical for LGBTQ divorce. The laws may apply equally, but there are unique issues that can impact your rights. You can trust the Law Offices of Lauren H. Kane to guide you through the proceedings, so please contact us to set up a case review with a Philadelphia LGBTQ same sex divorce lawyer. An overview of the concepts is also useful.
Things to Know About Pennsylvania Divorce
Every case is different, but there are some common features that many couples will face when going through dissolution of marriage proceedings. A few key points will help you understand what to expect:
- Property division works according to the concept of equitable distribution. All assets and debts acquired during the marriage are divided between the parties according to the interests of fairness.
- Either party can request alimony, and a judge may grant it where a lower earning spouse would be disadvantaged after divorce. It is also possible to seek alimony pendente lite, which pays amounts during the divorce process.
- The child’s best interests are the paramount consideration in child custody and visitation matters. Child support is subject to statutory guidelines, and Pennsylvania law uses an income shares model. The earnings of both parents are taken into account.
Strategies for Same Sex Divorce Cases
LGBTQ couples enjoy the same rights and protections with regards to the issues mentioned above, and they can also employ a full range of legal options for resolving them. Depending on your unique circumstances, a Pennsylvania LGBTQ same sex divorce attorney can help you in pursuing one or more of the following alternatives:
When parties share common goals and visions for the process, it may be possible to complete all legal requirements via uncontested divorce. A marital settlement agreement can become part of a court order and final divorce decree.
Collaborative divorce is a process that takes place outside a courtroom, in which parties work out issues through a series of conversations aimed at settlement. The proceedings are based upon a collaborative law participation agreement that you would sign in advance.
Mediation may be ordered in LGBTQ same sex divorce cases, and you can always opt in. A trained mediator is often able to facilitate agreement by guiding the parties in productive conversations toward settlement. Mediation is not binding, so you can still go to court if there are unresolved disputes.
There are numerous advantages to the above options for LGBTQ divorce, especially having more control over the process. Certainty is also important, as is the faster time to resolution. However, if your case is not resolved by agreement, the Law Offices of Lauren H. Kane will support you in a contested hearing.
A Philadelphia LGBTQ Same Sex Divorce Lawyer Will Support Your Needs
It is encouraging to know that state laws protect the rights of same sex couples just as any other, but you can see how retaining legal counsel is still critical when going through divorce. To learn more about how we can help, please contact the Law Offices of Lauren H. Kane to schedule a consultation. A Pennsylvania LGBTQ divorce attorney can explain additional details after reviewing your circumstances.
