Did you know that approximately 1% of the total number of currently married same-sex couples get divorced each year? Divorce proceedings are often complicated, not to mention, they often vary by state.
So what do you need in order to get divorced in the great state of Pennsylvania? Don’t worry, with this guide; you can find out. From the initial filing process to overcoming common challenges, you can learn the intense process of an LBGT divorce.
Now, are you ready to get started? Here’s a quick look at same-sex divorce:
Filing for Divorce in Pennsylvania
In Pennsylvania, couples who want to file for divorce must take precise steps to finalize their separation. Section 3301 Title 23 of the Pennsylvania Consolidated Statutes states that a person filing for divorce can do so by citing fault-based claims. These claims state that a spouse was injured or abused by the other.
However, an individual can also file without listing any fault-based claims, which is often known as a no-fault divorce.
Grounds for Divorce
In a fault-based divorce, the court will likely grant it if the individual can prove one of the following:
- Adultery
- Endangering a spouse’s life
- A spouse whose sentenced to prison for more than two years
- Willing or vicious abandonment of a spouse
- A spouse who’s making life unbearable for the other
- Bigamy
The court may also grant a divorce if the individual can prove that the spouse has a mental disorder and needs to be treated in a mental institution.
No-Fault Divorce
No-fault divorces are granted on evidence that the marriage is permanently broken, and 90 days have passed since filing for divorce. Both parties must agree to the terms in order to finalize these divorce proceedings. However, if one spouse does object, the court may still grant the divorce depending on the allegations and how long the couple has lived apart.
Common Challenges
While every case is different, the following displays some of the common challenges gay couples have when seeking a divorce.
Access Problems
In some cases, same-sex couples are not allowed access to each other’s financial accounts and information. Thus, dividing financials like retirement plans and other information can present a unique challenge.
Tax Issues
Going through a divorce presents many tax questions for a lot of same-sex couples. After all, distributing property may be subject to federal income tax. Not to mention alimony is usually tax-deductible; however, for divorced same-sex couples, alimony payments aren’t deductible.
Hire an LGBT Divorce Lawyer Today
Getting a divorce is no easy task, especially if you’re gay. From the initial filing to navigating the legal challenges, you’ll want a seasoned professional to help you.
Here at Crosson Richettti & Daigle, we use a personal approach to family litigation. With experienced knowledge and dedication, our attorneys work hard to reach solutions.
If you need help navigating your divorce, schedule a consultation today. We look forward to helping you!
