Pennsylvania Faces Same-Sex Legal Divorce Issues
While the debate over same-sex marriage has not dissipated, even in states that have legalized the union of gay couples, the challenge of same-sex divorce seems to be on the rise. Some family law attorneys in Pennsylvania and throughout the United States have encountered several issues relating to same-sex couples that were married in one state and wish to divorce in another.
A CNN article discusses the frustration that two women have been experiencing in trying to get a divorce in Pennsylvania. Apparently, the women were married in Massachusetts, but had their petition for divorce filed in Pennsylvania, where a judge denied the divorce. This denial puts these specific women, and potentially several other same-sex married couples, in quite a challenging predicament. Since the two women are still legally married, neither one of them can remarry in the future, if they want to, until they are legally divorced. Some other issues of concern regarding the limitations of divorce for same-sex married couples relate to property rights as well as child custody and visitation.
Considering that only Washington, D.C. and five states have legalized same-sex marriage and permit divorces to take place when necessary, married same-sex couples who move to other states that do not recognize gay marriage or ban it altogether, may encounter various dilemmas if their marriage does not work out. Interestingly, Maryland does not permit gay marriage, but the state does acknowledge gay marriages that have been performed elsewhere. It has therefore been speculated that Maryland will be able to perform gay divorces.
To further complicate things in the U.S. regarding marriage and divorce for same-sex couples, courts in California are still addressing same-sex divorce cases from marriages that occurred during a brief period when gay marriage was legal in 2008.
While legally married gay couples do not receive the same recognition that all heterosexual marriages receive on a statewide level, this does not mean that gay couples do not encounter similar family law issues that heterosexual couples experience. Even though everyone may not agree on many of these family law subjects, a significant amount of citizens are being affected.
