Same-Sex Marriage and Divorce

In 2015, the United States Supreme Court held that the right to marry is a fundamental constitutional right and that same-sex couples may not be denied that right and liberty. In addition, the Court held that all 50 states must recognize lawful same-sex marriages performed in other states. A short time later, the Superior Court of Pennsylvania issued a decision concluding that same-sex civil unions legally obtained in another state were the equivalent of a Pennsylvania marriage and, accordingly, were also entitled to proceed with a divorce action. As a result of these decisions, Pennsylvania same-sex couples united by civil unions and same-sex couples married after the 2015 Supreme Court case are entitled to seek a dissolution of their marriage in this state and call upon the rights and obligations that accompany that dissolution including the payment of support and the division of marital property.