Berman & Asbel, LLP

3 Family Law Challenges Same-Sex Couples Still Face

The legalization of same-sex marriage in Pennsylvania and across the U.S. was a major win for the LGBT community and its supporters. With that development came the same benefits, rights and recognition of marriage that opposite-sex couples have enjoyed for generations.

Not surprisingly, the number of same-sex marriages has increased since then. According to statistics from the Pew Research Center, roughly 10 percent of LGBT people in the U.S. are in a same-sex marriage. With this in mind, we want to focus on a few legal battles gay and lesbian couples and partners still face.

  1. An increase in marriages can lead to an increase in divorces. Getting divorced is a serious challenge for people of any gender, especially when the split is contentious or there are kids or substantial assets involved.
  2. Statistics show that 61 percent of same-sex couples who lived together before marriage was legalized are now married. Cohabitation is not uncommon, but it can present complications with property division and ownership rights. Because of this, it can be a good idea for cohabitating couples to consider signing a prenuptial agreement before getting married.
  3. There are still opponents to same-sex marriage, which can make any legal issue even more upsetting. Whether you are adopting a child, getting married or getting divorced, you can benefit from the support of loved ones. If your friends, family or even members of the court oppose your relationship or status, then you can have a more difficult time getting through the situation.

These are just a few of the legal challenges that same-sex couples face when it comes to marriage, divorce and parenting. There are countless others including those that every couple faces, regardless of sexual preference or gender.

Considering how complicated these matters can be and how crucial support is in these situations, it can be wise to consult an attorney about any questions or concerns you have regarding divorce, adoption, assisted reproduction, legal rights, or marriage. With the help and guidance of a family law attorney experienced in the challenges facing same-sex couples, you can get through a difficult situation more easily.

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