Orange Park LGBTQ Divorce Lawyer

Like all divorces in Florida, LGBTQ divorces require addressing several legal components, including:

• Division of marital property
• Alimony (spousal support)
• Child custody and parenting plans
• Child support
• Legal name changes

An experienced Orange Park LGBTQ divorce lawyer can help ensure that your rights are protected during the process, and that your divorce settlement reflects your unique family circumstances.

Issues Involving Same-Sex Divorce

While the legal framework is the same for all divorces in Florida, LGBTQ couples may face additional hurdles that heterosexual couples do not. Here are some of the key issues that may arise:

Establishing the Date of the Marriage

Many LGBTQ couples were together for years—or even decades—before they were legally allowed to marry. In divorce proceedings, the date of the legal marriage often determines the duration of the marriage, which in turn affects decisions on alimony and division of assets.

For example, if you were together for 15 years but legally married for only 5, the court may only recognize the legal marriage duration. This can lead to unfair outcomes unless you have strong legal representation advocating for equitable treatment.

Parental Rights and Child Custody

Same-sex divorce cases involving children can be particularly complex. Florida family courts prioritize the best interests of the child, but issues can arise when:

• One parent is not the biological parent and has not legally adopted the child.
• The couple used assisted reproductive technology (such as surrogacy or IVF).
• A child was born before the couple was legally married.

Property Division and Financial Complications

Florida is an equitable distribution state, meaning the court will divide marital assets fairly, but not necessarily equally. For LGBTQ couples who lived together for years before legally marrying, there may be disputes about what qualifies as "marital" property. Items purchased jointly before the legal marriage may not be automatically included in the marital estate, unless properly documented or argued in court.

LGBTQ Divorce FAQs

Can same-sex couples get divorced in Florida?

Yes. Same-sex couples have had the legal right to marry and divorce in Florida since 2015. LGBTQ divorces follow the same laws as opposite-sex divorces but can involve added complexities.

What if my spouse and I were together before marriage equality became law?

Unfortunately, Florida courts may only recognize the legal date of marriage when determining issues like alimony and asset division. However, we can present evidence of your long-term partnership to argue for fair treatment.

Do I have parental rights if I didn’t adopt our child?

Possibly. If you didn’t adopt the child or weren’t listed as a legal parent, you may face challenges asserting your rights. A skilled LGBTQ divorce attorney in Orange Park can help you pursue custody or visitation and explore options like second-parent adoption.

Can I change my name during the divorce process?

Yes. If you legally changed your name during the marriage, you can request to restore your previous name as part of your divorce proceedings.

Do we need to go to court?

Not always. Many LGBTQ couples resolve their divorces through mediation or negotiation, avoiding the stress and cost of trial. However, if you and your spouse cannot agree, a judge may need to decide the outcome.

How an Orange Park LGBTQ Divorce Attorney Can Help

At Owenby Law, P.A., we offer experienced legal support tailored to the LGBTQ community. We take the time to understand your situation, explain your options clearly, and advocate aggressively on your behalf. When you work with us, you can expect:

• Inclusive legal counsel that respects your identity and your relationship.
• Strategic advocacy focused on protecting your parental rights, property, and financial stability.
• Compassionate representation throughout every stage of the divorce process.

Whether your divorce is contested or uncontested, we’ll work toward a resolution that supports your future and reflects your values.

Contact us at (904) 770-3141 to schedule your free consultation and begin planning your future.