Divorce is a complex legal procedure that is stressful and often emotionally triggering. Anyone going through this is wise to work with a capable divorce attorney to steer them through the process.
Certain aspects of divorce are more challenging when the couple is a member of the LGBTQIA+ community. There are complications that can arise in same-sex divorce that are less prevalent in opposite-sex divorces.
Work with a Pinecrest LGBTQIA+ divorce lawyer when you and your spouse decide to end your marriage. We will provide capable guidance, ensure your rights are protected throughout the process, and help you to position yourself to thrive after divorce.
Property Division Must Be Fair Considering the Circumstances
Every divorcing couple must divide their marital property. Any property or debt the couple or either spouse acquired during the marriage is marital property, and must be divided. The property or debt a spouse had when they got married is separate property.
Florida Statute § 61.075 requires a judge to assume that an even split of marital property is fair, and then consider reasons why spouse might be entitled to more property or less. Factors like each spouse’s ability to be self-supporting, their contributions to the marriage, and whether they interrupted a career or education to care for children might persuade a judge to award most of the marital property to one spouse. The duration of the marriage is also an important consideration.
When a same-sex couple lived together in a marriage-like relationship before they gained the right to marry in 2015, they may have acquired property that should be considered marital property, but the law may treat as separate. In addition, the years they lived together prior to 2015 might not count when a judge calculates the duration of the marriage. A Pinecrest LGBTQIA+ divorce attorney can persuade a judge to consider all the years the couple was together when determining a fair distribution of their property.
Same-Sex Divorce Can Raise Difficult Custody Issues
Both legal parents have an equal right to custody of their children. When a same-sex couple adopts a child together or uses assisted reproductive technology to have a child, both spouses are legal parents and have custody rights.
Sometimes one partner enters the marriage with a biological or adopted child. The other spouse must adopt the child through stepparent adoption to acquire parental rights. If the child’s other legal parent is living, that parent must either surrender their parental rights or a court must terminate their parental rights before a stepparent adoption can occur.
Heartbreaking situations can arise when a same-sex partner has developed a close relationship with their spouse’s child, but has no parental rights. Upon divorce, the non-parent spouse has no right to custody. In this situation, it could be possible for a Pinecrest same-sex divorce attorney to negotiate an agreement allowing the non-parent spouse continued contact with the child after the divorce.
Maintaining Control of the Process Benefits Everyone
All couples benefit from negotiating a divorce settlement outside the court. Doing so allows them to make decisions about critical issues themselves, rather than putting that power in a judge’s hands. It makes sense for same-sex couples in Pinecrest to devote their efforts to reaching an out-of-court divorce settlement through mediation, collaborative divorce, or direct negotiation between their family law attorneys.
When they can agree on property division, alimony, and issues regarding the children, if applicable, a couple can pursue an uncontested divorce. This method allows them to submit their settlement agreement with their divorce petition, and the divorce could be issued within a few weeks, pending court approval.
A couple can control the outcome even when a spouse files for divorce before they have agreed on the relevant issues. Negotiations can proceed once the court has jurisdiction over the matter—in fact, courts encourage divorcing couples to settle their differences before trial whenever possible.
Contact a Pinecrest Attorney for Help with Your LGBTQIA+ Divorce Today
Divorce is never easy. If you are a member of the LGBTQIA+ community, you may have legitimate worries about how the courts will treat you. When you work with a Pinecrest same-sex divorce lawyer, you can be assured your rights are protected. Contact an attorney at The Florida Probate & Family Law Firm for assistance. We offer free case evaluations, so schedule one today.