Divorcing can be difficult for any couple in Florida. While the process can take an emotional toll, there are additional challenges that same-sex couples can endure when looking to dissolve their marriage. An experienced divorce attorney can ease the burden that you face during this process.
No one should go into a divorce without a reliable legal professional on their side. With skilled assistance, you could resolve the issues in your case without unnecessary conflict. Let a Florida LGBTQ divorce lawyer in Coral Gables serve as your guide during this challenging time.
Is LGBTQ Divorce Legal?
LGBTQ spouses can seek divorce in Coral Gables just like any other married couple. While these rights exist, they have not been guaranteed for very long. Given how recently same-sex divorce has become legal in the eyes of the law, there can be hurdles that would not be in place for opposite-sex couples.
This is due to the fact that same-sex marriage has only been the law of the land since 2015. That year, the United States Supreme Court ruled that a state may not bar LGBTQ couples from marrying. This also extends to the right to divorce.
It is also possible for same-sex couples to divorce even if they were married in another state. This is true even if they were married at a time when same-sex marriage was outlawed in Florida. The law treats these divorces no different from any other. An attorney in Coral Gables can make sure that the court follows that promise when dealing with a divorcing LGBTQ couple.
Requirements of an LGBTQ divorce in Coral Gables
There are legal requirements that come with divorce and they apply to all couples. While most divorcing couples find a way to meet these legal requirements, the failure to do so could result in lengthy delays during the process. A Coral Gables LBGTQ divorce attorney can manage these challenges and ensure all of the requirements are met before filing the divorce petition.
Grounds for Divorce
There must be grounds for divorce before the court can dissolve a marriage. Under state law, these grounds can be relatively simple. It is possible to pursue divorce on “no-fault” grounds, meaning there is no need for either spouse to declare who was at fault for the marriage falling apart.
Residency Requirements
Any couple seeking a divorce in Florida must keep residency requirements in mind. Like most states, Florida does not allow the court to dissolve any marriage at any time. Instead, at least one of the spouses must have lived in the state for a minimum length of time before the court can grant a divorce.
Under the law, one spouse must live in the state for at least six months prior to starting divorce proceedings. If a person files their petition too soon, the court will refuse to hear it. Only one spouse must meet this requirement, meaning the party filing for divorce could be living in another state.
Call a Florida LGBTQ Divorce Attorney in Coral Gables Today
Going through a divorce on your own can be tough under any circumstances. This is especially true when it comes to same-sex divorce.
Let the skilled legal counsel from The Florida Probate & Family Law Firm help you protect your rights and pursue a fair outcome. Reach out to a Florida LGBTQ divorce lawyer based out of Coral Gables as soon as possible to schedule a free consultation.