While same sex marriage is now law at both the state and federal levels, , the area of same-sex divorce is still very much a burgeoning area of law. While the marriages of same-sex parties are now entitled to the same legal status as that of heterosexual couples, there remain many unanswered questions as to how exactly the parties’ potential claims against one another should be addressed under the law
Often times, it is difficult to discern exactly when the parties were married– When they had a ceremony? When they had a civil union? When Pennsylvania recognized same-sex marriages? As a result, exactly what assets or liabilities may have been accrued by the parties during their marriage may be hard to answer.
Further, many of the traditional factors the courts consider in making a determination regarding the distribution of assets or the award of alimony are somewhat different in same sex divorce, since for many years it simply was not possible for the parties to be married. However, they shared in financial decisions, asset acquisition, contributions to their home, child rearing, etc., which took place prior to the state recognizing their marriage.
Consequently, same-sex divorce continues to be an evolving area of law. At Gentile, Horoho & Avalli, P.C., we remain on the forefront of this evolving area of the law.
We have been, and continue to be, here to represent our friends in the LGBT community.