Understanding the Legalities of
Same-Sex Marriage and Divorce
When same-sex unions were legalized on June 26, 2015, it brought legal rights to all married couples. One of those civil liberties was the right to divorce. The ground-breaking case in 2015 of Obergefell v. Hodges, set a precedence that the same rules that are applied to heterosexual couples now apply to everyone. Still, some exceptional issues may occur when it comes to child custody and the same-sex union.
Divorce with same-sex couples that includes children can be tricky. Thankfully, our experienced firm can handle your Florida divorce with ease. At Konicek Law, we understand how difficult it can be to go through these emotional times, and we may be able to help. We have extensive legal knowledge that can maneuver you through the ins and outs of divorce.
Divorce and The Same-Sex Couple
To file for divorce in Florida, one of the parties must have resided in this state for at least six months before the filing. The law stipulates that the divorce should be filed in the county where the couple last intended to live while married.
When concerning children, both parents have equal rights no matter whether they are from a same-sex or heterosexual marriage. The court looks at the factors to determine the best interest of the child to develop at timesharing schedule. We can help you develop a parenting plan that works for your specific situation.
The state of Florida puts significance on minors having contact with both parents. Shared parenting is always the best option, but that is not always possible. At Konicek Law, we stress the importance of co-parenting, which helps the children to have a more well-rounded upbringing.
We use a statutory formula to determine the amount of support needed. The formula is comprised of expenses like health insurance, income levels, daycare expenses, timeshare percentages, and other factors. In many same-sex marriages, one parent is considered the “legal” parent.
Things get complicated when artificial insemination or the egg of one partner is used to have a child. Florida had a ban on same-sex adoptions, and this further confuses the matter. Thus, if one party signed adoption paperwork to make the legal status of the other parent official, then they may not have the same rights.
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Florida has no laws to protect those that are not considered the legal parent. Unfortunately, there are child support implications that must be considered too. We understand that this area of the law is still evolving, and we want to help you with your parenting arrangements.
Pursuing A Same-Sex Divorce Requires Legal Guidance
Whether the marriage is heterosexual or same-sex does not change the fact that divorce is difficult. The emotions are always a roller coaster ride and figuring out all division of assets, child parenting schedules and other trivial things are stressful. You need an experienced attorney to stand by your side throughout this process.
At Konicek Law, we know how painful this procedure is for your entire family. With our vast experience, we want to help you get through this journey and keep your best intentions as our focus. Call today to set up a consultation. We can file your petition and get you the relief you so desire.