Berman & Asbel, LLP

Has the time come for a national divorce law?

Last month, the U.S. Supreme Court issued its ruling on same-sex marriage. The decision makes clear that states can't deny homosexual couples the right to wed. We're sure that not everyone is happy with the declaration, but it is the law of the land. Here in Pennsylvania, the door to same-sex marriage has been open since last year.

Experienced family law practitioners can tell you that the shift in social direction on this issue has been amazing. But even before the lifting of the ban on same-sex marriage, families headed by same-sex partners faced many of the same family law issues, and they still do. And when issues arise, speaking with a trusted attorney is the wise way to approach matters.

The effective nationalization of gay marriage is also reviving debate around the question of divorce, prompting at least one Forbes pundit to question whether it isn't time to nationalize the dissolution of marriages in order to establish greater economic fairness, regardless of which state in the union a couple chooses to live.

The basis of the argument seems to run this way. Right now, rules related to divorce differ state to state. Even within some states the rules can vary from county to county. This can create some major challenges for some couples going through a contested divorce.

Depending on the state and how judges choose to apply state guidelines, one spouse in a divorce might wind up on the short end of the stick and be left with a much lower standard of living. So the suggestion made, especially for couples who have been married a long time, is that a fair balance is needed and could be obtained through a uniform national divorce law.

What do you think? Is the time right for such a law?

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