Legal Issues For Same-Sex Couples
So what happens if same-sex couples decide to split up? When they begin to cohabitate, some couples draft an agreement, like a prenuptial, in which they enter into a formal contract pertaining to their property and finances. Often these agreements contemplate the dissolution of the relationship and division of assets. Some do not draft an agreement and then end up in litigation over property and finances.
And, most importantly, what about the kids? If a legal relationship exists with the child, either as a biological parent, or through adoption, child custody and support issues are usually decided according to existing child custody laws and support statutes.
A parent seeking visitation time with a child, with whom the parent has no legal relationship, may also attempt to establish visitation, custody and/or support by petitioning the court to be recognized as a “de facto” parent. All of this however, plays out in a public forum and, in the case of custody, is played out after a custody evaluation has been completed.
Traditionally Married couples dealing with Sexual Orientation
Sometimes, it is one spouse that realizes years into a traditional marriage that he or she is homosexual. This can add a whole other dimension to traditional divorce in Bucks County (and all over Pennsylvania) that is highly traumatic for the individuals and their children.
Under the threat of litigation, gay parents are often forced by the other parent to disclose sexual orientation to children, parents, friends or business associates for fear that it will come out in court. “Outing” the individual is used as a threat to secure a better financial settlement, leaving gay or lesbian parents no choice but to disclose their sexual orientation before they are ready or their children are prepared.
Mediation and Collaborative Law Divorce
Divorce mediation and Collaborative Law are both great options for same-sex couples navigating the issues of breakup, custody and property division. Married couples dealing with sexual orientation benefit as well. Mediation allows couples to navigate the process with the guidance of a neutral mediator, while simultaneously saving money, working together, and maintaining privacy.
Collaborative law allows parties to work through the separation process with a team of professionals trained in the collaborative process and other outside neutral experts, who help the parties negotiate a mutually acceptable settlement.
