Orlando Same-Sex Divorce Attorney
Same-sex marriage has been legal in Florida since 2015, when the US Supreme Court handed down its decision in Obergefell v. Hodges. The justices struck down all state laws prohibiting same-sex marriage as being unconstitutional, opening the door for many couples to legally marry or legitimize existing civil unions. However, same-sex couples face the same challenges as other spouses in marriage, and they may eventually consider divorce.
Fortunately,Florida divorce laws apply to same-sex divorce just as they do to male-female marriages. The process is no easier, as the statutes are complicated and emotional factors can make the proceedings even more difficult. Our lawyers at Greater Orlando Family Law represent same-sex couples in Orlando, Orange County and throughout Central Florida, and we are happy to assist with your case. Please contact our office to schedule a consultation with an Orlando same-sex divorce attorney today, and read on for information about the three key issues in the divorce process.
Florida is an equitable division state, which means all marital assets are divided fairly between the two parties. This does not always mean a perfectly even distribution of property, however. In addition, you should note that only marital assets are subject to division. Any property you owned before marriage, or received through gifts or inheritance, will not be distributed between you and your spouse.
Alimony may be appropriate when there is a great disparity between the income and assets of two spouses, and one party would suffer without some form of financial support. The court first will determine whether to award spousal support, and will then make a decision on the amount. Factors to consider include:
- Your standard of living during the marriage;
- How long you were married;
- Each party’s physical and emotional health, in the context of future employability;
- Financial resources, including how property is divided in divorce;
- The contributions each party made to the marriage, including through managing the household, child care, and support of the other in employment opportunities; and,
- All other factors that will lead to a fair, equitable spousal support award.
Issues Related to Minor Children
If children were born into your marriage, you must address child custody, visitation, and support. In general, custody and visitation are decided in connection with the child’s best interests under Florida law. Support is determined according to the respective incomes of each parent.
Asset division, alimony, and child-related issues can be determined by agreement of the parties. So long as the arrangement is fair, and complies with the child’s best interests standard, the judge is likely to enter an appropriate order. If you cannot agree, it is necessary to conduct a hearing, which further complicates the divorce process.
Contact an Orlando Same-Sex Divorce Lawyer to Discuss Your Case
If you are in a same-sex marriage and are considering divorce, please contact Greater Orlando Family Law to schedule a free 30-minute consultation regarding your situation. Our attorneys can guide you through the process, whether you intend to work out an agreement with your spouse or need representation in court on contested issues.