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Archives for June 2015

Jun 24, 2015

Same Sex Divorce Follows Same Sex Marriage

Same – Sex Marriages No Different – Some Work and Some Don’t

In a study conducted by the Williams Institute, through the University of California at Los Angeles, researchers concluded that, while same-sex divorce rates are currently lower than in heterosexual marriages, the rates will probably be comparable within about 10 years.

The study considered about 150,000 same-sex couples–the number that had filed legal documents for either marriage, domestic partnership or same-sex civil unions. Officials say that this represents about 20% of those who acknowledged in census reports that they were living in a same-sex relationship. According to the study, about one percent of those who had filed some type of registration had subsequently sought to legally dissolve the relationship (compared with two percent of heterosexual marriages that annually end in divorce).

Researchers believe, however, that the divorce rate among same-sex couples will continue to rise and will likely equal that of heterosexual marriages within a few years. They argue that the first group of gay marriages were typically among people who had been partners for extended periods of time, so there was already a dynamic of partnership and longevity. Accordingly, most parties to same-sex marriage have been older, more financially stable, and more emotionally mature. However, as same-sex marriage becomes a legally and socially acceptable option, it will naturally involve more and more people with the same problems that lead to heterosexual divorce–immaturity, lack of financial resources, and lack of commitment.

Researchers noted that the numbers may be somewhat skewed, as until recently many states have not had the capacity to distinguish same-sex divorce filings from heterosexual divorce filings. Additionally, judges in some states have been reluctant to consider divorce proceedings in a same-sex case, where the parties were married in a state that allowed gay marriage, but are seeking divorce in a different state. The Missouri Supreme Court only recently ruled that judges there had the authority to consider a divorce petition by a same-sex couple married in Iowa. The state’s ban on gay marriage was ruled unconstitutional in November, 2014, but the matter is still unresolved.

Contact Attorney Joanne E. Kleiner

Let us help you find a workable solution to a marital property dispute. Contact our office online or call us at 215-886-1266 to schedule a confidential consultation. We will help you stay focused on the issues that matter.

Jun 10

Dividing a Family Business in a Divorce

Dividing Family Business Can Be Painful, Difficult

Small family businessAccording to a recent census report, there are almost four million businesses in the United States that are jointly owned by husband and wife. In those states with community property laws, it has been common for courts to hold that the business of either spouse is community property, and must be divided equally. As more and more women are building and running successful businesses, courts are ruling that they must share the proceeds of their success in a divorce.

Legal and financial experts say that, particularly when the parties to a marriage already have their own business, a “business prenuptial agreement” is the best way to avoid potential problems. Many, however, say that business interests should now routinely be addressed in a prenuptial agreement. With a valid prenuptial agreement, a party to divorce need not worry about the loss of value in a business upon divorce.

Without a valid prenup, though, the inclination is almost always to resolve the problem of dividing the business by having one spouse buy out the other spouse. The challenge with that option, though, is how to determine the buyout price. Legal experts recommend that parties have a professional valuation of the business–each party can have his or her own valuation done, or they can agree on a third party business valuation expert. In many instances, once the value of the business is determined (and agreed upon), the parties can complete a buyout without an exchange of cash by allocating other marital assets accordingly. If the other marital assets are insufficient to compensate a party for the buyout, payments may be set up on an installment basis, or (worst-case scenario), the business may have to be sold, with the proceeds divided accordingly.

Contact Our Office

Let us help you successfully resolve your family law problems. To schedule an appointment with an experienced Pennsylvania family law attorney, contact our office online or call us at 215-886-1266.

Jun 03

Same-Sex Marriage State-by-State

An Overview of State Laws on Same-Sex Marriage

Hands and rainbowAs of February, 2015, 37 states and the District of Columbia have all either formally legitimized gay marriage or plan to do so. Thus far, federal courts have dealt with the 14th Amendment issues raised by proponents of gay marriage on a state-by-state basis. In January, 2015, however, the U.S. Supreme Court agreed to hear arguments on whether the 14th Amendment requires all states to allow same-sex marriage. A decision is expected this year.

Public opinion on same-sex marriage has shifted dramatically in the last 15 years. In 2000, a poll showed that only 35% of people thought gay marriage should be legal. In 2014, a similar poll found 55% of Americans in favor of gay marriage.

A look at the history of gay marriage in the United States shows an interesting phenomenon—the response to the decision by the Massachusetts Supreme Court in 2003, allowing gay marriage in the state, was reactionary. Before that decision, only two states had constitutional bans on gay marriage. The year following that decision, 14 more states added constitutional bans, and as recently as 2012, nearly 30 states banned same-sex marriage. Currently, 15 states have constitutional amendments defining marriage to be between a man and a woman, but those proscriptions are rapidly falling under 14th Amendment arguments.

Geographically, the remaining constitutional bans are primarily clustered in the southern states—Texas, Louisiana, Arkansas, Kentucky, Tennessee, Mississippi and Georgia still have bans, whereas Florida, the Carolinas, Virginia, West Virginia, Oklahoma and Kansas allow gay marriage. Missouri’s law was invalidated in late 2014 and Alabama’s ban was ruled unconstitutional earlier this year.20. The Dakotas ban the practice, but Nebraska’s constitutional provision was recently struck down. In addition, Michigan and Ohio remain legally opposed to gay marriage.

Contact the Law Office of Joanne E. Kleiner & Associates

Let us help you successfully resolve your family law problems. To schedule an appointment with an experienced Pennsylvania family law attorney, contact our office online or call us at 215-886-1266.

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From Our Blog

  • The principle of equitable distribution in a Pennsylvania divorce
  • Divorce and Social Security retirement benefits
  • The effect of a gray divorce on your older children
  • Some tax matters associated with divorce
  • Some losses that divorce might cause

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