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Winter Park Same-Sex Divorce Attorney

Florida Attorney Assisting Same-sex Couples with Divorce

Florida has permitted same sex divorce since 2015, when the United States Supreme Court issued its ruling and opinion in Obergefell v. Hodges, 135 U.S. 2584 (2015). In this landmark case, the Supreme Court ruled that individual state laws that prohibited same-sex couples from marrying were unconstitutional. This opened a door across the country for same-sex couples to legitimize existing civil unions or legally marry. It also opened the door for these same couples to have the same legal rights to terminate the marriage if circumstances warranted. Marriage breakdown and divorce are not problems limited to heterosexual couples only.

This means Florida’s divorce laws will apply across the board, whether it’s a man and woman getting divorced, or two women, two men, etc. The divorce process is the same, which can be difficult no matter who you are. Couples who are in the process of a divorce tend to be emotional, and it can turn contentious at any given moment. This situation is where you can most benefit from the legal assistance of a Winter Park same-sex divorce attorney. The family law attorneys at Greater Orlando Family Law have represented countless same-sex couples throughout Winter Park and Central Florida.

Dividing Property in a Winter Park Same-Sex Divorce

Asset division is subject to Florida statutes, which are based on the theory of equitable distribution. This is not the same as a community property state where marital assets and liabilities are split 50/50. Equitable distribution means that marital assets are divided in a fair and equitable manner. It could mean that one spouse gets a particular asset while the other spouse gets a different one with similar value.

If you or your spouse owned assets prior to marriage, there is a good chance they will be deemed separate property unless you did something that turned them into marital assets. Your Winter Park family law attorney can go over various scenarios with you and look at your situation to determine if any separate assets may be declared as marital ones in the divorce. 

Child Custody Issues with Same-Sex Divorces in Florida

Child custody is one area where the outcome might differ with same-sex couples. The spouse who is not the biological parent of the child may run into issues if they try to pursue custody. Both spouses would need to be a legal parent or guardian in order to pursue custody and/or support. If the couple didn’t pursue having the other parent added as a legal guardian during the course of the marriage, it will present complications during a divorce. This is why it’s so important to retain an experienced Winter Park same-sex divorce attorney who has experience handling these situations.

Will Courts Award Alimony in a Same-Sex Divorce?

Alimony in same-sex divorces is handled like any other divorce. The courts will look at the income of both parties, the standard of living, and whether one spouse would suffer without support from the other. Other criteria considered includes factors like:

  • How long the marriage lasted
  • What the standard of living was during the marriage
  • Each spouse’s physical and emotional health as it relates to their ability to be employed in the future
  • What contributions each spouse made to the marriage

Contact a Winter Park Same-Sex Divorce Attorney

If you are preparing for a same-sex divorce in Central Florida, contact Greater Orlando Family Law today to schedule an initial consultation.

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