Same-Sex Couples Attorney in Lancaster, PA

In the past, marriage was denied as a union between a man and a woman. Laws have changed dramatically in the past few decades. Under federal law, same-sex marriage is legal in all states in the country.

Despite the federal rulings, Pennsylvania still has a state law that defines marriage as between a man and a woman. However, this law is considered invalid due to the federal court decisions.

Given this inconsistency, many same-sex couples may wonder about their legal rights in terms of marriage, adoption, child custody, property division, and other areas of family law. Same-sex families face the same issues as other families, as well as some that are unique. No matter your challenge, The Law Office of Angela Flouras Rieck will provide you with high-quality legal counsel. If you are looking to get married, divorced, or adopt in Pennsylvania, here is what you need to know.

Same-Sex Marriage

Same-sex couples in Pennsylvania enjoy the same legal rights and responsibilities as opposite-sex couples. This includes access to marriage licenses, spousal benefits, inheritance rights, and the ability to adopt children. There are no residency requirements to get married in Pennsylvania. Also, Pennsylvania recognizes same-sex marriages from other states.

Same-Sex Divorce

Same-sex divorce in Pennsylvania follows the same legal procedures as heterosexual divorce. At least one spouse must have lived in Pennsylvania for at least six months before filing for divorce. The state recognizes both no-fault and fault-based divorce. However, for a no-fault divorce, both parties must consent to the divorce or be separated for at least one year.

Asset Division

In Pennsylvania, asset division in same-sex divorces follows the same principles as in opposite-sex divorces. Assets are distributed equitably, meaning the division is fair but not necessarily equal or 50/50. The court considers various factors, including the length of the marriage, each spouse’s contributions, and any future financial needs.

Keep in mind that marital assets are determined by the date of marriage. Any assets owned before that date are considered separate property and not subject to distribution in a divorce. This is an important aspect to consider in same-sex marriages because couples may have cohabited before marriage became legal in Pennsylvania in 2014. It does not matter if a couple was together for decades before getting married. Marital assets are based on the date of marriage.

Same-Sex Adoption

Married and unmarried couples in Pennsylvania can adopt regardless of sexual orientation. Same-sex couples have been able to adopt a child in the state since 2002. Couples can petition to adopt jointly or as a second parent. Same-sex couples can adopt through agencies, privately, or through stepparent adoptions, just like heterosexual couples. The same rules and procedures apply.

Contact Us Today

As part of a same-sex couple, you may be confused about family law matters in Pennsylvania. Do the same laws apply? What do you need to know in order to get the best outcome possible?

All sorts of families face legal issues. The Law Office of Angela Flouras Rieck is here to handle your Lancaster family law matters with the compassion and dedication they require. Schedule a consultation today by filling out the contact form or calling (717) 869-6375.