Same-Sex Divorce

Same-sex divorce in Florida can be just as complex as heterosexual divorce. The emotional and financial stress it can have on the individuals going through the divorce is substantial. Hire a Florida same-sex divorce lawyer from Luhrsen Goldberg to help you receive fair treatment so you can move forward.

The Legal Status of Same-Sex Divorce in Florida

The Respect for Marriage Act protects same-sex marriages in the United States. This federal law requires states to recognize and respect all validly performed same-sex marriages must be recognized and respected by states. While the U.S. Supreme Court struck down all state laws banning same-sex marriage, the Respect for Marriage Act adds another layer of protection if any court decisions are overturned in the future.

Same-sex marriages are recognized and respected in Florida, and so is the option for same-sex couples to get divorced. Since same-sex marriage is treated the same as heterosexual marriage, the same goes for divorce. Working with a same-sex divorce attorney is advised because they can guide you on what you should know if you wed in another state.

What to Know if Your Same-Sex Marriage Was in Another State

The good news is that even if you were married in another state, it does not matter. You can get divorced in Florida without running into any issues. However, civil unions and domestic partnerships are a different story.

If you are trying to dissolve a civil union or domestic partnership in Florida, certain complexities exist. Domestic partnerships are not granted the same rights as a marriage. Not only can same-sex divorce attorneys shed light on what you need to know to end a civil union in Florida, but they can also provide details on the requirements for same-sex divorce.

Requirements for Same-Sex Divorce

Specific requirements for same-sex divorces in Florida must be followed to ensure you comply with the law. First, one of the spouses filing for divorce must have lived in Florida for at least six months. Second, the divorce petition can only be filed in the county where one of the spouses resides. Furthermore, legal grounds for divorce must be established. A same-sex family law attorney can walk a spouse through all these steps to ensure nothing is overlooked.

Florida is not an at-fault divorce state, so there is no need to prove cruelty or adultery to qualify for a divorce. Only one of two grounds are required to file for Divorce in Florida. The first is mental incapacity. The other is that the marriage is irretrievably broken. For mental incapacity, medical proof is essential. On the other hand, no proof is required to demonstrate that a marriage is irretrievably broken.

While it is true that having grounds for same-sex divorce in Florida is not a high standard to meet, same-sex divorce lawyers are beneficial to work with. A same-sex family attorney can help you avoid the pitfall associated with property division.

Property Division After a Same-Sex Divorce in Florida

Same-sex family law attorneys spend a great deal of time with clients on the division of property. Money, motor vehicles, bank and investment accounts, and the home the couple lived in are all forms of property that must be divided after a same-sex divorce.

A same-sex family law lawyer will review any pre-nuptial or post-nuptial agreements and any property the couple attained during the marriage. Any property acquired before the marriage by one of the spouses will, more than likely, remain theirs unless comingling took place.

Florida divides property based on fairness because it is an equitable distribution state. Various factors must be considered by the court for it to fairly divide the property. Some of the factors considered included how long the couple was married, contributions made by each of them to the marriage, and the financial status (and income) of both individuals. Same-sex family law lawyers understand how property division can be a bone of contention, so they work hand-in-hand with clients to ensure the best outcome.

Alimony & Spousal Support for Same-Sex Couples

Spousal support (i.e., alimony) is an option for same-sex divorces in Florida, just as it is for heterosexual divorces. The need for alimony only comes into play if one individual will economically suffer because of the divorce. If both individuals make the same income, the chance for spousal support in a same-sex divorce is unlikely.
The court weighs numerous factors when deciding what kind of alimony to award and the amount of the required payments. Like dividing property, the length of the marriage influences the decision. Other considerations include the couple’s standard of living while married, each individual’s ability to work (including physical and mental well-being), and how the property was divided in the divorce, among other factors.

The judge has the final say on alimony. But just like the division of property, spousal support is a tricky part of a divorce. It is a wise move to work closely with a skilled and successful Florida same-sex divorce attorney who can guide you through these complexities.

Contact Luhrsen Goldberg for a Florida Same-Sex Divorce Lawyer

People going through a same-sex divorce in Florida turn to Luhrsen Goldberg for a Florida same-sex divorce lawyer. Our team of attorneys has your back during this difficult time in your life. We welcome the opportunity to provide you with Law Powered by Women® legal assistance. Contact us today.

Why Choose Luhrsen Goldberg for a Florida Same-Sex Divorce Case?

Founded in 2016 by Julie S. Luhrsen, Esq. and Christina A. Goldberg, Esq., Luhrsen Goldberg is a woman-owned and led boutique law practice. We are committed to fighting hard for our clients and putting our life experiences, perspectives, and skills to work for you.

Those looking for a same-sex divorce lawyer in Florida turn to Luhrsen Goldberg because they know we have extensive experience in numerous areas of family law. When you seek a same-sex divorce attorney in Florida, our team of committed professionals welcomes the opportunity to provide you with Law Powered by Women® legal assistance.