In Pennsylvania, same-sex couples that end their relationships could face significant legal hurdles when child custody disputes emerge. Courts in other states have been split on the subject of parental rights for nonbiological partners in same-sex couple families.
With the June 2015 Supreme Court ruling enabling same-sex couples to marry across the country, same-sex divorce is inevitable. In the majority of these situations, the divorce process will proceed in the same way as any other divorce cases, especially if the couple has signed a pre- or post-nuptial agreement. Many experts advise these for any couple to prevent any type of confusion during the divorce process, despite the fact that most couples believe that they will never split up.
According to a recent study presented at the American Sociological Association, women in Pennsylvania and throughout the United States who are in a heterosexual marriage are more likely to initiate a divorce than men. However, in relationships where the couple is not married, both genders are equally likely to initiate an end to the relationship.
Same-sex couples in Pennsylvania can now have their marriages recognized in all 50 states and the District of Columbia. Since the Supreme Court ruled that same-sex marriages are constitutional, many people are wondering how that decision will impact the dissolution of these types of unions. Some believe that the nuances of same-sex divorce will have to be worked out in the future through litigation.
On June 26, the Supreme Court issued a ruling that declared state bans against same-sex marriage a violation of the U.S. Constitution. In a 5-4 decision, the court said that states did not have the right to deny gay couples the same marriage rights that heterosexuals have enjoyed. The practice has been legal in Pennsylvania since 2014.