A divorce is an emotionally taxing process, and the legal proceedings can get complicated. When the divorcing couple is a member of the LGBTQIA+ community, issues may arise that are less common in opposite-sex divorce. It is critical to seek legal representation from a divorce law attorney who can anticipate and resolve these issues.
Contact a West Miami LGBTQIA+ divorce lawyer for help. They can guide you toward your goals in divorce and ensure the proceedings go as smoothly as possible.
Know Your Rights as an LGBTQIA+ Parent
Allocating time-sharing and parental responsibility is often the most emotionally challenging aspect of divorce for parents. The same is true for same-sex couples, but they face the possibility that one of the spouses may not have parental rights to a child they helped raise.
When a same-sex couple adopts a child together, both parents have full rights and may seek parenting time and parental responsibility. When a couple uses assisted reproductive technology (ART) to have a child, one spouse typically has a biological relationship with the child and the other does not. The parent without the biological relationship must adopt the child to have legal rights. Florida Statute § 62.213 requires couples using surrogacy to have a preplanned adoption agreement.
A difficult situation arises when one partner has a child from a prior relationship and their spouse helps raise the child. When the child’s other legal parent is still living, the unrelated spouse cannot adopt the child or obtain legal parental rights unless the other legal parent is willing to surrender their rights. When the spouses divorce, the unrelated spouse has no legal basis to seek custody. A West Miami attorney can help a LGBTQIA+ spouse negotiate an agreement to spend time with the child, but the agreement may not be legally enforceable.
Ensuring a Fair Property Settlement
Divorcing couples must divide the marital property equitably. Marital property is considered everything either spouse or the couple acquired during the marriage, except gifts to one spouse from third parties and inheritances.
The value of the marital property may be distorted when a same-sex couple has been together a long time. When the couple lived together in a committed relationship prior to June 2015, when same-sex marriage became legal in Florida, the property they acquired during the relationship could be treated as separate, which might lead to an unfair result.
Couples can avoid the unfairness by negotiating a property settlement outside of court. When there is a property dispute that the judge must decide, a West Miami attorney can ensure the judge understands the LGBTQIA+ couple’s specific circumstances.
Litigation Alternatives
Discrimination against members of the LGBTQIA+ community persists. Same-sex couples wishing to avoid the possibility of insensitive or disrespectful treatment in the courts can manage their divorce through alternate means.
Collaborative divorce may be an excellent option for couples who can communicate effectively and are committed to a respectful, non-confrontational process. The couple works together with their individual attorneys and other professionals as needed to resolve the outstanding issues in their divorce. The process is completely confidential, and the participants must commit to not litigating their dispute.
Mediation is a more flexible alternative that is supervised and facilitated by a trained professional. Couples can choose to mediate before filing for divorce in hopes of jointly filing for an uncontested divorce. Mediation is also appropriate and effective during a contested divorce. Many same-sex couples can achieve a settlement through mediation during the divorce proceedings and avoid going to trial.
Seek an Experienced West Miami Attorney for Your LGBTQIA+ Divorce Today
If you are a member of the LGBTQIA+ community and your marriage is ending, make sure you are represented by a family lawyer who understands the issues same-sex couples face when they divorce.
Talk to a West Miami LGBTQIA+ divorce lawyer at The Florida Probate & Family Law Firm. We can provide wise guidance based on extensive experience, so set up a complimentary case review today.