The legalization of same-sex marriage in 2015 by the Supreme Court opened up a new chapter for LGBTQ+ rights, allowing couples to enjoy the legal benefits and protections that heterosexual couples have always had. However, like any other marriage, some same-sex marriages end in divorce. In Florida, the process of same-sex divorce carries unique legal considerations and challenges.
Florida law treats same-sex divorces similarly to heterosexual divorces. This means that issues such as property division, alimony, child support and custody are handled under the same statutes. However, it’s important to note that due to the relatively recent recognition of same-sex marriages at national level, there may be complexities when determining marital assets or calculating the length of a relationship.
For instance, if a couple has been together for many years but only legally married after 2015 when it became recognized nationally; courts might face difficulties determining what constitutes marital property or how long spousal support should be paid. It is also possible for one party not recognizing their union as a ‘marriage’ before its nationwide legality which can complicate proceedings further.
Child custody and visitation rights can also present unique challenges in these cases. If one partner was biologically related to a child or children prior to marriage without formal adoption procedures being completed by their spouse; they may face hurdles asserting parental rights during divorce proceedings.
Despite these legal complexities associated with same-sex Find the right Florida lawyer for your divorce case; there is an increasing amount of support available from various sources including family lawyers who specialize in LGBTQ+ issues and non-profit organizations dedicated towards providing resources for this community.
Legal professionals with experience handling LGBTQ+ family law matters are equipped with knowledge about specific nuances related to these cases which makes them invaluable during such challenging times. They can provide guidance on navigating through potential legal pitfalls while ensuring your interests are protected throughout the process.
Non-profit organizations offer emotional support along with resources such as counselling services and peer groups where individuals going through similar experiences can share their stories, offer advice and provide comfort to each other.
In conclusion, while same-sex divorce in Florida carries its own set of unique legal considerations; the growing support from legal professionals and community resources is making it easier for individuals to navigate through these challenges. It’s important that anyone going through a same-sex divorce seeks out professional advice early on to understand their rights and options.
The Florida Probate & Family Law Firm
2600 Douglas Road, Coral Gables, FL 33134
305-384-1540
