Divorce is a big step that no one takes lightly, but it can be especially difficult when you are in a same-sex marriage. You may be worried that the courts will not treat you fairly or understand your specific concerns.
The respected divorce attorneys at our firm have been representing members of the LGBTQIA+ community in family law matters for many years. Our Little Gables LGBTQ divorce lawyers provide knowledgeable legal representation to meet the goals of same-sex spouses ending their marriages.
Custody Issues Can Be Challenging
Florida law does not distinguish between same-sex and opposite sex couples when it comes to decisions about time-sharing (physical custody) and parental responsibility (legal custody). The best interests of the child must govern all custody matters, and both legal parents have an equal right to seek parenting time and parental responsibility. Florida Statute § 61.13(3) describes the factors a court may consider when determining the custody arrangement that serves the child’s best interests.
The issue that sometimes arises with same-sex couples is that both partners may not be a child’s legal parent. If one spouse enters the relationship with a child and the child’s other legal parent is still alive, the other spouse has no legal relationship to the child. Even when a strong emotional bond develops with their spouse’s child, they have no legal right to seek custody or parenting time if the couple divorces.
A Little Gables attorney can help a same-sex spouse develop a strategy to maintain their relationship with the child after the divorce. In many cases, the parties can negotiate an agreement that allows the non-parent spouse the opportunity to spend time with the child.
Ensuring a Fair Division of Property
The law in Florida requires divorcing couples to divide their marital property equitably. The division does not need to be equal, but must be fair considering all the circumstances. Marital property is everything either spouse acquired since the date of marriage.
This can be a problem for same-sex couples who have been together for many years. Same-sex marriage was not legal in Florida until 2015. However, many couples lived together as unofficial spouses for years or even decades before they could formalize their union.
Distinguishing marital from separate property is more complicated when a couple’s finances were intertwined for years before they married. Following the law when dividing pensions and retirement funds can be especially challenging in these circumstances and lead to an unfair result. An attorney in Little Gables who handles a divorce for an LGBTQIA+ couple with a long history will work toward a property settlement that honors the full duration of the couple’s relationship.
Negotiated Settlements Allow the Spouses to Control the Process
Although the law does not discriminate against same-sex couples in a divorce, some practical realities can make it more difficult to achieve a fair result. Couples from the LGBTQIA+ community can keep control in their own hands by negotiating their divorce settlement.
Many couples find it beneficial to work with a mediator, even before they file for divorce. When the process is successful, the couple can submit their written agreements to the court for approval and receive an uncontested divorce within a few weeks. Couples who are pursuing a contested divorce can often resolve their differences through mediation and avoid a trial.
When spouses are not good candidates for mediation because of a history of domestic violence or poor communication, they can negotiate through their lawyers. An attorney representing a spouse in a Little Gables same-sex divorce will work with them to prioritize their goals and negotiate a fair settlement.
Work with a Little Gables Attorney to Achieve a Fair Same-Sex Divorce
Anyone seeking a divorce should work with a legal professional with knowledge, experience, and empathy. The family law attorneys at The Florida Probate & Family Law Firm will provide wise counsel throughout the proceedings.
You should seek legal advice from one of our Little Gables LGBTQIA+ divorce lawyers as soon as you begin seriously considering a split. Schedule a free case evaluation with a member of our team today.