Since 2015, same-sex couples have had the same rights to marry as opposite-sex couples and divorce laws also apply in the same way. However, some situations can complicate a same-sex divorce, requiring help from a compassionate divorce attorney. A Pembroke Pines LGBTQ divorce lawyer can help you navigate challenges and meet your divorce goals.
Only Legal Parents Have Custody Rights
When parents divorce, both spouses have equal rights to physical custody, decision-making responsibility, and parental timesharing consistent with the children’s best interests. A Pembroke Pines attorney can help an LGBTQ couple negotiate a parenting plan in divorce that promotes the children’s well-being. However, only legal parents can assert these rights.
When a same-sex couple adopts a child together, both are considered legal parents to the child. When they use assisted reproductive technology (surrogacy, in vitro fertilization, or embryo transfer) to have a child, the couple should arrange a second-parent adoption so that both spouses have legal parentage.
Problems can arise if a spouse has a biological or adopted child and the other has not adopted the child. Sometimes, adoption might not be possible if the child’s other legal parent is still living and unwilling to surrender parental rights. In these cases, the spouse who is not a legal parent has no lawful right to maintain a relationship with the child after a divorce, even if they helped to raise them.
Potential Financial Complications in Same-Sex Divorce
Same-sex marriage was not recognized in Florida until 2015. Many couples were together for years or even decades before they had the right to marry, which can complicate financial issues in divorce in several ways.
Like most states, Florida considers marital property to be anything either spouse or the couple acquired during the marriage. Any items or property each person owned before marriage, plus inheritances and gifts received during it, is separate property. Distinguishing marital from separate property can be challenging when the couple lived together in a committed union for a significant time before marriage.
Once the couple agrees on a designation of marital and separate property, Florida Statute § 61.075 calls for them to divide it equitably. If a Judge divides the property, they must presume a 50/50 split and then look at factors that might lead to an unequal division, including the length of the marriage, which is also considered in alimony awards. A Pembroke Pines LGBTQ lawyer can argue that the duration of the marriage should have less influence than other factors when making these divorce determinations.
Negotiated Settlements Can Avoid Some Pitfalls
Both spouses and children benefit when a divorcing couple can settle their issues outside court. A negotiated settlement is faster, saves legal fees, and is usually far less stressful than a litigated divorce. Most importantly, it keeps decisions in the hands of the couple, which can be critical in an LGBTQ divorce.
If both spouses are not legal parents of the children, a divorce settlement cannot bestow parental rights on the other spouse. However, it can allow the non-parent to maintain a relationship with the child if it is in the child’s best interests.
When spouses negotiate their own property settlement and decide on alimony or spousal support, they can make any fair arrangement and do not need to follow the equitable distribution law. A Judge will approve it as long as both spouses agree and the arrangement is not shockingly unfair. An LGBTQ divorce lawyer in Pembroke Pines can negotiate a property settlement to help spouses meet their goals and pass judicial scrutiny.
Contact a Pembroke Pines Attorney About LGBTQ Divorce Today
Although the marriage and divorce laws no longer discriminate against the LGBTQ community, the realities of life sometimes create issues that opposite-sex couples do not have to face. The skilled Pembroke Pines LGBTQ divorce lawyers at The Florida Probate & Family Law Firm can anticipate any complications and work to resolve them.
Schedule a free case evaluation to discuss your situation.