Experienced LGBTQ+ Divorce Lawyer Protecting Your Rights

The 2015 Supreme Court decision in Obergefell v. Hodges is a landmark ruling that granted marriage equality nationwide. It ensured that same-sex couples have the same legal recognition and rights as heterosexual couples.

This ruling was a significant step forward for equality. However, it’s also important to acknowledge that many LGBTQ+ couples built lives together long before the 2015 Supreme Court decision. I understand the frustration when courts fail to acknowledge these years of partnership. 

My name is Joseph A. Guillama, and I am a Pennsylvania family law attorney with over 20 years of experience. I am committed to advocating for equitable solutions in your divorce. Whether through carefully crafted marital agreements, mediation, collaborative divorce or – when necessary – litigation, I offer multiple paths to protect your interests while minimizing conflict.

Addressing Your Custody Concerns

Pennsylvania law addresses custody issues during a same-sex divorce the same way as any other kind of divorce – by focusing on the best interests of the child. However, challenges in gaining custody or visitation rights may come up in the following situations:

• If you’re not the birth parent and haven’t legally adopted the child: You might need to show how you helped raise the child and stayed involved in their life. Getting legal adoption done before divorce can make seeking custody much simpler.
• If you had the child through a surrogate: Courts will look at your surrogacy agreement and what both parents wanted for the child. If you’re not the birth parent, make sure your name is on the birth certificate. You may also need to complete a second-parent adoption to secure your legal rights.
• If a child comes from a previous heterosexual relationship: The court looks at the bonds children have with each parent and how they have cared for them. Step-parents might need to ask for third-party custody or show they’ve acted as a real parent to keep seeing the child after divorce.

As Berks County’s juvenile conflict attorney for the past 16 years, I bring unusual insight into how family transitions affect children. I’m dedicated to protecting your parental rights while ensuring custody arrangements truly serve your children’s best interests.

Guiding You Through Complex Issues In Property Division 

In Pennsylvania, property you bought before marriage may not count as shared property, even if you lived as a couple for many years. When going through a same-sex divorce, you need to look closely at:

• Joint vs. separate property: Did you maintain separate accounts or commingle finances? This affects division strategies.
• Home ownership documentation: Is there only one partner on the deed despite shared mortgage payments?
• Retirement accounts: How will you divide pensions and 401(k)s acquired throughout your relationship?
• Business interests: If you own a business together, will you sell, buy out your partner or continue co-ownership?
• Debt division: Who takes responsibility for shared debts accumulated during your relationship?

I help LGBTQ+ couples in Berks County work through these complex property questions with sensitivity and strategic planning. 

Advocating For Equitable Alimony And Financial Support

When deciding on spousal support, Pennsylvania courts look at many key factors. This can include:

• Length of legal marriage: Courts primarily consider the period since your legal marriage date, potentially discounting years of partnership before 2015
• Income disparity: Significant differences in earning capacity between partners strongly influence support amounts
• Contributions to the relationship: Nonfinancial contributions like homemaking or supporting a partner’s career advancement matter
• Standard of living: The lifestyle you maintained during marriage serves as a baseline for support calculations
• Health and age considerations: Physical limitations or age-related employment challenges affect support needs

Whether inside or outside the court, my goal is to get you support that helps you stay financially stable after divorce.

Get In Touch With Me Today

My approach combines honest assessment of your situation with responsive communication throughout your case. Schedule a consultation at my Reading office by calling 800-682-1977 or by filling out my contact form. My firm serves clients throughout Berks County.