Pittsburgh LGBT Divorce Lawyer
Same-sex couples have the same rights to divorce as other couples, including rights to alimony, asset distribution, and other considerations during separation.
Prior to the historic Supreme Court ruling of Obergfell v. Hodges, many same-sex couples found it difficult to get a divorce. Before 2015, same-sex couples who were legally married were unable to get a divorce if they moved to a state that did not recognize gay marriage. Fortunately, same-sex marriage, as well as same-sex divorce, is now legal across the United States. If you or your spouse are seeking a divorce, you are likely worried about the legal processes involved. As a capable Pittsburgh LGBT divorce lawyer, Anthony Piccirilli understands how upsetting these situations can be. After all you are going through, how can you be expected to navigate the legal system during this difficult time? Pittsburgh Divorce & Family Law, LLC can guide you through every step of the process, ensuring you are prepared to protect your interests and the things you care about most. Pittsburgh divorce attorney Anthony Piccirilli has experience in all types of divorces and can guide you too.
Call (412) 471-5100 today to see how your rights can be protected.
The Rights of the LGBT Community
Before the Commonwealth granted unlimited marriage rights for all, same-sex couples were unable to seek a divorce in the state of Pennsylvania. Now, however, all people have equal rights when it comes to marriage and legal separation. In most cases, the process starts with one spouse filing a complaint, or petition, for divorce. If both spouses can come to a mutual decision, then there is no need to take the case to court. If the divorce is contested by either spouse, however, a judge will be responsible for issuing a court order. Prior to the order being issued, each spouse will be given the opportunity to make their case. Here, cases are made as to whether or not the divorce is warranted.
A divorce order typically outlines rules related to issues of child custody, spousal support, and asset distribution. There are a number of factors the judge will consider when creating a formal divorce order. These include, but are not limited to:
- The earning potential of each spouse and whether spousal and child support can be afforded
- How many sources of income each spouse has, including retirement and medical benefits
- Is either spouse already making spousal support or child support payments from a past marriage?
- How capable is each spouse of supporting themselves financially?
Dissolving a Domestic Partnership
For couples who entered into legal relationships before the legalization of same-sex marriage, the prospect of separating is far more daunting. Many same-sex couples opted to enter into domestic partnerships prior to the historic Supreme Court decision of 2015. Unfortunately, domestic partnership, while similar to divorce, does not carry the same legal rights as marriage. In other words, those who enter into domestic partnerships and then move to a state where they are not recognized are unable to file for divorce. Many believe that all domestic partnerships should be transformed into marriages after same-sex marriage was legalized, but so far, only Delaware and Rhode Island have taken this step.
Contact A Pittsburgh LGBT Divorce Lawyer
There is no doubt that going through a divorce can disrupt every aspect of your life. If you are a parent, you are likely worried about how the relationship with your children will be affected. What’s more, you may be concerned about the processes involved. The steps required to finalize a divorce vary depending on a number of circumstances, and getting along with your spouse well enough to reach an agreement can seem all but impossible. A Pittsburgh LGBT divorce lawyer at Pittsburgh Divorce & Family Law, LLC know these situations can be delicate and attorney Anthony Piccirilli will make sure your case results in an arrangement that protects your interests and assets.
Call (412) 471-5100 now to see how your divorce can be resolved as quickly as possible.