Know the Process
Divorce is difficult for any couple, but it can be even more complicated for same-sex couples in Florida. With changing laws and varying interpretations of existing laws, navigating the legal landscape of same-sex divorce in Florida can be challenging. This blog will provide an overview of the issues faced by same-sex couples seeking a divorce in Florida, including property division and child custody. It will also offer advice and resources to help make the process as smooth as possible.
Issues Same-Sex Couples May Face in Divorce
Same-sex couples in Florida may face numerous legal hurdles when seeking a divorce. First, couples must establish that they are legally married. Before the Supreme Court's 2015 ruling on Obergefell v. Hodges, same-sex marriages were not officially recognized in all states. This means that some same-sex couples may not have obtained a marriage license in their state of residence and thus may need to obtain a legal declaration of marriage before they can even begin the divorce process.
Once a couple is established as being legally married, they must address other common issues typically seen in any divorce. Property division and child custody are two of the most critical factors to address in a same-sex divorce. Property division can be challenging, as some couples may have acquired assets before marriage that needs to be divided between them. Child custody is even more complicated, as many states do not yet recognize the parental rights of non-biological parents in same-sex marriages.
Advice and Resources for Same-Sex Couples Seeking Divorce in Florida
The best advice for same-sex couples seeking a divorce in Florida is to consult an experienced family law attorney. An attorney can help guide a couple through the process, explain their legal rights and obligations, and ensure they are treated fairly. Additionally, numerous resources, such as counseling services and support groups, are available for support and guidance for same-sex couples going through a divorce.
Work With Florida Family Law Attorneys
Navigating the legal landscape of same-sex divorce in Florida can be complex and challenging. Couples must understand their rights and obligations under the law so that they are treated fairly throughout the process. An experienced family law attorney can provide invaluable advice to help make the process as smooth as possible.
The family law attorneys at Owenby Law, P.A. are here to help same-sex couples navigate divorce. Learn how we can help or schedule a consultation by calling (904) 770-3141 or visiting our website.