Lakeland Same-Sex Divorce Attorney
You may know that Florida law allows heterosexual couples to marry and divorce. Are the laws different for homosexual couples? Not really, but there are some complexities involved.
Since 2015, same-sex marriage has been legally recognized in Florida. Same-sex couples also have the fundamental right to divorce in Florida. However, same-sex divorces often involve certain issues that rarely arise in heterosexual divorces.
If you are seeking a same-sex divorce in Florida, hiring an attorney who understands the nuances of same-sex marriages, domestic partnerships, and civil unions can be very helpful. This is where Lakeland same-sex divorce attorney Darla K. Snead, P.L. comes in. We can help you deal with all the elements involved.
Elements of Same-Sex Divorce
The laws and legal procedures for a divorce in Florida are the same for both same-sex and opposite-sex couples. First of all, the parties must be legally married to each other. Second, they must meet the residency requirement, which states that at least one of the parties must have lived in Florida for six months prior to filing the petition for divorce. Finally, there must be grounds for divorce. Florida does offer no-fault divorce, though, which means that all you have to do is prove that the marriage is irretrievably broken. If you meet these qualifications, you can get divorced.
But that’s not all. There are various elements involved, and they can be more complicated in a same-sex divorce. One example is property division. Marital assets and debts must be divided between the spouses. A factor in this is the duration of the marriage. But because same-sex marriages were not always legal, many of these couples were in domestic partnership far longer before they were legally allowed to wed. This means there could be issues with commingled funds and joint property purchased before their marriage was legally recognized.
Parenting time is another issue. Same-sex couples may have had children together through adoption or surrogate — before getting married. While both parents have equal rights and responsibilities with respect to their child, determining custody may be complicated if a non-biological parent did not legally adopt the child.
Alimony may also be a factor in same-sex divorces. The court may find that alimony is appropriate. If so, then the judge then needs to determine the proper type and amount of support. The duration of the marriage is once again a factor. For same-sex couples who were in a civil union or domestic partnership before getting married, it may need to be proven that a different type of alimony is needed.
Contact Darla K. Snead, P.L. Today
Getting a same-sex divorce is not impossible but it can be a little harder and more complex than a divorce by spouses of the opposite sex. If you are looking to end your same-sex marriage, get advice from a knowledgeable lawyer.
If you have questions about same-sex marriage or divorce in Florida, Darla K. Snead, P.L. can help. We’ll give you sound advice to help you move on. Discuss your case with a Lakeland same-sex divorce lawyer today. Call (863) 619-5291 to schedule a consultation.
