Berman & Asbel, LLP

Same-sex couples and divorce could see change in Pennsylvania

Though great strides are being made when it comes to marriage equality, there are still significant barriers that same-sex couples must face. The number of states that have legalized same-sex marriage has been increasing in recent years, and a number of same-sex couples have been able to get married. However, same-sex couples and divorce is an increasingly difficult issue for some.

Many couples know that it is not certain that they will remain living in the same state in which they were married. While this may not seem like a big issue, it can become one for same-sex couples who married, moved and now wish to divorce. If the couple moves to a state such as Pennsylvania, where same-sex marriage is not recognized, they will be unable to get divorced.

Some state representatives believe that this issue is a "trap" that should be addressed. As a result, a proposal has recently been presented that would allow for same-sex couples to divorce in the state. However, there is not much expectation that the proposal will take any immediate effect. There is hope, though, that it will begin a discussion that could potentially spur changes in the future.

Same-sex couples and divorce issues may face similar struggles that same-sex marriage issues have faced. As a result, many couples who wish to separate may be uncertain how to handle their circumstances. Though this proposal may take time to be considered, concerned parties may wish to stay updated on its progress, and in the meantime, they may also desire to examine same-sex divorce issues in Pennsylvania and potential alternatives for handling their situation.

Source:, "From House Democrat, A Call For Divorce Equality", Mary Wilson, April 16, 2014

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