Now that same-sex marriages can be legally performed in Pennsylvania, and gay marriages performed in other states are recognized in Pennsylvania, same-sex couples can also be divorced in PA. Gay divorces in Pennsylvania will be exactly the same as heterosexual divorces, and will follow all the same rules.
Same-sex divorces in Pennsylvania can either be fault-bases, no fault, or consented to. There are different procedures for each one. Fault divorces are uncommon, as they involved one party who wants to be divorced, and one who does not. Fault divorces can be obtained if one spouse refuses to be divorced, and does not want to wait two years to be eligible for an un-consented divorce. For this type of PA divorce, the spouse seeking the divorce must prove that the other spouse did something wrong, and that the filing spouse in innocent. No-fault divorces are more common. For this, a couple must be separated for two years, and must prove the marriage is irretrievably broken and cannot be reconciled. A couple seeking a same-sex divorce in Pennsylvania must abide by the two year waiting period for this type of divorce. Finally, PA has the option of a consented divorce, meaning both parties agree to be divorced. Here, there is only a 90 day waiting period after filing a complaint for the divorce to be granted.
Divorces can be long and complicated. Because this process is new in Pennsylvania, it is important for same-sex couples to know their rights in the Commonwealth. For more information, contact one of our gay divorce lawyers today.