Montgomery County Same-Sex Marriage Attorneys
Marriage and Divorce for Same-Sex Couples in Montgomery, Bucks, Chester, Delaware, Philadelphia Counties
Pennsylvania has recognized same-sex marriages since May 2014 when a U.S. federal district court judge ruled that Pennsylvania’s 1996 statutory ban on the recognition of same-sex marriage was unconstitutional. Before then, Pennsylvania prohibited same-sex marriage and refused to recognize same-sex marriages performed in other states. In June 2015 the U.S. Supreme Court ruled in Obergefell v. Hodges that all states must issue marriage licenses to same-sex couples and recognize same-sex marriages validly performed in other jurisdictions. This significant decision legalized same-sex marriage throughout the United States.
Just as same-sex couples have the right to marry, they have the right to divorce. At Shemtob Draganosky Taylor, our attorneys are experienced in same-sex divorces and are committed to providing dedicated advocacy for same-sex couples. Contact us to schedule an appointment to discuss your concerns with a skilled attorney.
Same-sex divorcing couples have all the same rights and obligations in divorce proceedings as heterosexual couples. Note that a required element of your divorce forms is noting down the date of your marriage. If you and your spouse married in another state prior to 2014 (prior to Pennsylvania’s legalization of same-sex marriage), that marriage will still be recognized in Pennsylvania for the purposes of divorce, and you should list that date as the date of marriage (not the date Pennsylvania legalized the marriage).
Adoption and Child Custody Rights
Same-sex parents also have important legal rights to adoption and child custody, and a family law attorney can explain your parental rights to you. Even if there has not been adoption by one partner, that person may have established a significant parental relationship with the child, whether or not it is their biological or adopted child. The federal Supreme Court has ruled that a same-sex co-parent may petition to adopt their partner’s child. Our attorneys can counsel you through your adoption process and unite your family.
Same-sex spouses also both have parental rights to their children in the case of custody disputes following a divorce. Whether a biological or adoptive parent, you may have the legal right to file a Pennsylvania Custody Complaint to pursue custody rights. Our firm can help you navigate this process appropriately.
Philadelphia Domestic Partnerships
Note that the city of Philadelphia also offers a domestic partnership registry which is available to residents of Philadelphia or couples where one of them works in Philadelphia. For more information about your legal rights or to discuss your particular situation with a lawyer at our firm, contact us to schedule a consultation.
Let Shemtob Draganosky Taylor address your marriage and divorce concerns in Montgomery County. If you have legal questions about legal processes, whether related to marriage, divorce, or adoption and custody rights, we can provide the legal answers and guidance you need. We are passionate about supporting the Montgomery County LGBTQ+ community, and we will walk you through any legal hurdles you might face.