Generally, same-sex divorce in Florida follows the same legal procedures as any other divorce. However, LGBTQ+ couples do face unique considerations when ending their marriages. These may include child custody issues, property division, and navigating the relatively recent legal landscape for same-sex unions.
Florida recognizes same-sex marriages and divorces equally under the law. This means that couples must meet residency requirements and cite grounds for divorce, just like opposite-sex spouses. This can be complicated especially if you were together before marriage equality
To get fair treatment and protection of your rights throughout the divorce process, LGBTQ+ couples should seek out divorce attorneys experienced in same-sex family law. With the right legal guidance, same-sex spouses can dissolve their marriage and move on.
Understanding Same-Sex Divorce in Florida
Legal Recognition of Same-Sex Marriages
Florida started recognizing same-sex marriages in 2015 after the U.S. Supreme Court’s decision in Obergefell v. Hodges. This decision made same-sex marriage legal nationwide and required states to recognize those unions.
If you were married before 2015, Florida courts may consider the length of the relationship prior to legal recognition when dividing property or awarding alimony.
Same-sex couples now have the same rights and responsibilities as opposite sex couples in marriage and divorce. This includes equal treatment in property division, alimony and child custody.
Grounds for Same-Sex Divorce
Florida is a “no fault” divorce state which means you do not have to prove fault to end the marriage. Either spouse can file for divorce regardless of gender, and the process and paperwork are the same for all couples.
Florida law requires at least one spouse to have lived in the state for six months before filing for divorce. This residency requirement applies to both same-sex and opposite-sex couples.
Couples must also complete a mandatory financial disclosure, sharing information about their assets, debts, income, and expenses.
Navigating the Legal System: Legal Considerations for LGBTQ Couples
Filing for Divorce in Same-Sex Marriage
One spouse must first file a petition with the circuit court. This legal document will outline the grounds for divorce and any proposed division of property or child custody.
The non-filing spouse will receive the petition and has 20 days to respond. They can agree to the terms or contest them, which will potentially lead to negotiations or court hearings.
It is essential to gather all your financial documents such as bank statements and tax returns before you file. Having these documents ready will speed up the process and ensure a fair division of property.
Residency Requirements for Same-Sex Couples
Florida has specific residency rules for divorce filings. At least one spouse must have lived in the state for six months before filing. This requirement applies to all couples, regardless of sexual orientation.
Financial Considerations
Division of Assets and Debts
In Florida, same-sex couples face similar asset division rules as heterosexual couples during divorce. The state follows equitable distribution principles, aiming for a fair split of marital property.
Assets acquired during the marriage are typically considered marital property, regardless of whose name is on the title. Keep in mind that debts incurred during the marriage are also subject to division. Credit card balances, mortgages, and loans may be split between spouses.
Pre-marital assets often remain separate property, but exceptions exist. If these assets appreciated in value during the marriage, the increase might be considered marital property.
Alimony
Alimony in same-sex divorces follows the same guidelines as in heterosexual divorces. Florida courts consider various factors when determining alimony awards.
Key factors may include the length of the marriage, each spouse’s earning capacity and financial resources. It is possible that same-sex couples who were together long before marriage legalization may face unique challenges. In these cases, the courts might consider the entire length of the relationship, not just the legal marriage duration.
Child Support Guidelines
Child support in same-sex divorces follows Florida’s standard guidelines. These guidelines ensure children receive adequate financial support from both parents.
Same-sex couples may face additional complexities if only one parent has legal ties to the child. In such cases, establishing parental rights before divorce can be crucial.
Florida courts prioritize the best interests of the child when determining support. This applies equally to children in same-sex and heterosexual families. Non-biological parents who have acted in a parental role may still have support obligations, even without formal adoption.
Contact Our Experienced LGBTQ+ Family Law Attorney Today for a Confidential Consultation
The legalization of same-sex marriage has brought with it new challenges and considerations for LGBTQ+ couples when it comes to divorce. While all states must issue marriage licenses and grant divorces to same-sex couples the same way they do to opposite-sex couples, there are still unique challenges that same-sex couples may face.
It is essential for LGBTQ+ couples to be aware of the legal landscape and potential issues that may arise during the divorce process, such as property division, spousal support, and child custody. By seeking our legal counsel, LGBTQ+ couples can be better prepared to navigate this tough process and get a fair outcome.
Emily A. Konicek brings 14 years of experience to your family law concerns. Emily excels at mediation, negotiation and litigation, and can help you pursue a course of action that helps you meet your goals for the future and for your family.
