Same-Sex Divorce Attorney in Philadelphia

How Same-Sex Divorce Works in Pennsylvania

Filing for divorce in Pennsylvania requires that at least one spouse has lived in the state for a minimum of six months before filing. The case is filed in the county where either spouse resides, so Philadelphia-area clients typically file in Philadelphia County or the surrounding counties depending on their address.

Grounds for Divorce

Pennsylvania offers both no-fault and fault-based divorce. No-fault divorce proceeds on one of two grounds: mutual consent, where both spouses file affidavits after 90 days have elapsed from the commencement of the action; or irretrievable breakdown following one year of separation. Fault-based divorce is available on grounds including adultery, desertion, and cruel treatment under 23 Pa. Cons. Stat. Section 3301, though it’s less commonly pursued given the availability of no-fault options.

Property Division and Support

Pennsylvania divides marital assets and debts through equitable distribution, meaning the court weighs factors like each spouse’s income, the length of the marriage, and each party’s contributions rather than splitting everything equally. For same-sex couples, identifying which assets qualify as marital property can require careful analysis of the relationship timeline relative to 2014.

Alimony may be awarded to a lower-earning spouse. Forms include spousal support during the separation period, alimony pendente lite (financial support during the divorce proceedings themselves), and post-divorce alimony. Child support in Pennsylvania uses an income-shares model that combines both parents’ net incomes to calculate the total obligation. Custody decisions are based on the best interests of the child; sexual orientation is not a factor in that analysis.

Resolution Pathways

Not every divorce ends in a courtroom. Options available to same-sex couples in Philadelphia include:

• Uncontested divorce through a marital settlement agreement, where both spouses reach agreement on all issues before filing
• Collaborative divorce, a structured negotiation process outside of court with both parties represented by counsel
• Mediation, where a neutral third party facilitates agreement on contested issues
• Contested divorce, where unresolved matters proceed to a hearing before a judge

Common Questions About Same-Sex Divorce in Philadelphia

We Married in Another State Before 2014. Can We Divorce in Pennsylvania?

Yes. Pennsylvania recognizes same-sex marriages from all other states. A Pennsylvania court can grant the divorce provided one spouse meets the six-month residency requirement, regardless of where or when the marriage took place.

We Were in a Civil Union, Not a Marriage. Does That Change Anything?

You can still seek dissolution in Pennsylvania. Following Neyman v. Buckley (2016), PA courts dissolve civil unions from other states under the same Divorce Code that applies to marriages. The process is functionally the same.

How Are Assets Divided When We Lived Together for Years Before Our Marriage Was Legally Recognized?

The date the marriage is deemed to have begun determines which assets are classified as marital property subject to equitable distribution. Pre-recognition cohabitation and common-law marriage rules can complicate this analysis significantly. An attorney needs to review your specific timeline to give you an accurate picture.

Does My Non-Biological Relationship with Our Child Affect Custody Rights?

A non-biological parent’s standing in a custody proceeding depends on whether they completed a second-parent adoption or are otherwise recognized as a legal parent. Without that recognition, custody rights may not be automatic. This should be addressed with an attorney as early as possible in the process.

Does Our Sexual Orientation Affect How a Court Rules on Custody or Support?

No. Pennsylvania law requires courts to decide custody based on the best interests of the child. Sexual orientation isn’t a factor in that analysis, and courts don’t grant preference to either parent on that basis.