Marriage equality became law in Florida in 2015 with the Obergefell v. Hodges decision, granting same-sex couples the same rights, including divorce. However, unique challenges can arise, such as child custody and property division, especially in long-term relationships predating legal marriage.
At Mindful Divorce, P.A., we guide clients through the divorce process with compassion and clarity.
Same-Sex Divorce Laws in Florida
Addressing a same-sex divorce in Florida begins with recognizing the state’s laws and how they align with marriage equality. While same-sex couples have the same divorce rights as any other married couple, unique challenges can arise during the process.
Marriage Equality and Divorce Rights
Same-sex marriage has been legally recognized across the United States since 2015. With this decision, same-sex couples in Florida gained equal treatment under the law, including the right to file for divorce. Like any other divorce, same-sex divorces in Florida follow the same legal process, ensuring equal rights and responsibilities for both parties.
Residency Requirements and “No-Fault” Divorce
To file for divorce in Florida, at least one spouse must have lived in the state for a minimum of six months before filing. Florida is a “no-fault” divorce state, meaning the only requirement is to demonstrate that the marriage is irretrievably broken. You do not need to provide evidence of wrongdoing.
Unique Challenges in Same-Sex Divorce
While the legal framework treats same-sex couples equally, some situations can present unique challenges:
Child Custody and Parental Rights
Parental rights can be more complex for same-sex couples, especially when only one parent is biologically related to the child or if the child was adopted. Non-biological parents may face legal hurdles if they have not formalized their parental rights through second-parent adoption. At Mindful Divorce, we take a thoughtful approach to address these issues, prioritizing the best interests of the child while protecting parental rights.
Property Division in Long-Term Relationships
Many same-sex couples shared finances or property before marriage equality became law, complicating asset division under Florida’s equitable distribution rules. For example, dividing a home purchased before legal marriage can be challenging. We ensure all financial and non-financial contributions are carefully considered.
Alimony and Relationship Duration
Florida courts consider the length of the marriage when determining alimony. For same-sex couples with years of pre-marital cohabitation, this can feel unfair. While the law focuses on the legal marriage date, we advocate for a fair outcome that reflects the entirety of the relationship.
How We Approach Same-Sex Divorce?
At Mindful Divorce, P.A., our process is built around your needs and goals. Divorce is challenging, but our approach helps you navigate it with clarity and confidence:
Collaborative Divorce For Same-Sex Marriage
For same-sex couples, the emotional and legal complexities of divorce can feel overwhelming, especially when addressing issues like pre-marital assets or shared property. Collaborative divorce offers a more supportive and respectful approach, allowing couples to work together, with the guidance of professionals, to find fair solutions without the stress of litigation.
This process can be particularly beneficial for same-sex spouses seeking to protect their privacy and maintain control over the outcome.
Clear Goal-Setting
We start by listening to you. What matters most? Whether your priorities involve your children, financial security, or peaceful resolution, we set clear goals to guide the process.
Avoiding Unnecessary Litigation
Our team prioritizes resolution over conflict. We help you reach agreements without the added stress and expense of prolonged court battles by focusing on mediation and negotiation whenever possible.
Personalized Task List
Each case is unique, so we create a customized task list tailored to your goals. This helps keep the process organized, efficient, and easy to follow.
Key Aspects of the Divorce Process
Key aspects of the divorce process include meeting Florida’s filing requirements and providing accurate financial disclosures. These steps ensure transparency and fairness throughout the proceedings.
Filing Requirements and Financial Disclosures
Filing for divorce begins with submitting a petition to the court. Both spouses must also provide full financial disclosures. This includes income, assets, debts, and expenses. Transparency is critical, as failing to disclose finances can lead to significant consequences.
Child-Related Matters
- Custody and Visitation: Time-sharing agreements must prioritize the child’s well-being. For non-biological parents, establishing parental rights may require additional legal steps.
- Child Support: Florida uses specific guidelines to calculate child support based on income, custody arrangements, and other factors.
- Adoption Considerations: If second-parent adoption was not completed, legal strategies may be needed to establish parental rights.
Property Division
Florida follows equitable distribution laws, meaning marital assets and debts are divided fairly. Some considerations include:
- Assets Acquired Before Marriage: Property or savings from pre-marital cohabitation may need special attention.
- Retirement Accounts: Dividing retirement assets often requires a clear plan, such as a Qualified Domestic Relations Order (QDRO).
Alimony
Florida courts consider factors such as:
- The length of the marriage
- Each spouse’s financial resources and earning potential
- Contributions to the marriage, including homemaking and caregiving
Types of alimony may include bridge-the-gap, rehabilitative, or permanent support, depending on the circumstances.
Facing a Same-Sex Divorce in Florida? Contact Mindful Divorce, P.A.
If you’re going through a same-sex divorce, you don’t have to face it alone. At Mindful Divorce, P.A., we are committed to providing compassionate, transparent, and effective representation to help you move forward with confidence.
Schedule a free initial consultation today to discuss your specific needs and goals. During the consultation, we’ll walk you through the process, answer your questions, and help you understand your options.
Call us at (561) 567-9379, or book a consultation. We’re here to help you take the next step with clarity and peace of mind.