The end of any marriage can be difficult on an emotional level, but same-sex couples often face other challenges. These burdens are a remnant of the time before marriage equality, and some issues persist even now.
It is never a good idea to approach the end of your marriage without the support of a dedicated divorce attorney. From meeting basic requirements to ensuring your rights are protected, a Florida LGBTIQA+ divorce lawyer can help serve as your advocate throughout this process.
LGBTIQA+ Spouses May Divorce Under State Law
Since 2015, the law has required states to recognize same-sex marriages. Not only do these unions have the right to exist, but the individuals involved are able to bring them to an end just like any other couple.
The process of dissolving a same-sex marriage is no different from any other. Unfortunately, there are some residual issues that can come into play, and which are not present in most marriages. This includes complications involving financial matters and child custody.
Dissolving a Marriage in Florida
Before any couple can obtain a divorce decree, they must comply with certain requirements set out by state law. The primary issue is residency: at least one spouse must be a resident of Florida for at least six months prior to filing the petition for divorce. If they fail to do so, the court does not have the power to dissolve the marriage.
Proving residency involves two individual acts. First, one of the spouses must be physically present in the state for that six-month period. Second, it must have been their intention to be there to make it their primary residence. It is important to remember that the person filing for divorce does not have to be the one who meets these requirements.
Financial Complications in Same-Sex Divorces
Divorce laws require the equitable division of marital property. However, they do not automatically consider the relationship between the parties before their marriage. This is a major issue for same-sex couples who are divorcing in Florida, given that many relationships predate the right to lawfully wed.
The good news is that the courts have flexibility when it comes to deciding how to divide marital property. A judge can consider contributions made to the family unit, even those before they were formally married.
Child Custody Issues in LGBTIQA+ Divorces
One of the most contentious issues involves custody rights over minor children. Parental rights are only formalized for non-biological parents through formal adoption, which not every party takes advantage of. These rights extend to two people who use assisted reproductive technology to have a child.
Things become complicated when children from previous relationships come into the picture. If the other biological parent is alive, a spouse might not have the opportunity to legally adopt. This can prevent them from having custody or visitation in the future.
Issues regarding minor children are particularly complex. Having the guidance of a Florida LGBTIQA+ divorce lawyer can be invaluable in these cases.
Call a Florida LGBTQ Divorce Attorney Today
The end of a marriage can be hard, but it also represents an opportunity for a fresh start. You deserve the same right to begin again, just like anyone else.
The Florida Probate & Family Law Firm is here to advocate for you during this challenging time in your life. Call today for a free case evaluation with a Florida LGBTIQA+ divorce lawyer.