In 2015, same-sex marriage was legalized in Florida. This also created the potential for same-sex divorces which, although similar to opposite-sex divorces, may have certain nuances.
Ending a relationship is always difficult, and dissolving a marriage comes with many legal considerations. Negotiating or litigating the terms of a divorce can be challenging, so it is best to work with a skilled attorney at our firm who has experienced handling these types of cases. A dedicated Miramar same-sex divorce lawyer could advise you on your legal options and walk you through every step of the process.
There are legal requirements to file for a divorce in Miramar. At least one of the involved parties must have lived in the state for a minimum of six months prior to the filing date. The parties must file in the county where one of the spouses lives or where the property is located.
Florida is a No Fault state, meaning there is no need to allege any basis for the divorce. The fact that a marriage is irretrievably broken is all that needs to be pled as a basis for the divorce.
The magic words, ‘Irretrievably broken’ make it effectively a “no-fault” divorce. No one needs to prove anything when filing a divorce on these grounds. However, there are still various paperwork and filing requirements, so it is best to work with a well-versed same-sex divorce attorney in Miramar.
Parties who married in another state do not need to file for divorce in that state. If the individuals married out of state and then moved to Miramar, they can file for divorce in the county as long as they meet the above requirements. This means that if the parties married in a state that legalized same-sex marriage before 2015, they could still complete their divorce in Florida, so long as they meet the residency requirement of living in Florida for at least 6-months
The court can set spousal support in any divorce. Factors that will influence alimony include:
One factor that might make alimony less likely for divorcing same-sex couples is the fact that same-sex marriage was only legalized somewhat recently. This means that the length of the marriage may not reflect the length of the relationship. A dedicated LGBTQ+ attorney at our Miramar office could help argue this fact to the court when seeking spousal support for a same-sex divorce.
Same-sex couples with children will need to work out a timesharing arrangement and parenting plan. Establishing a parenting plan refers to where the children will spend the majority of their time, while parental responsibility addresses how the important decisions related to the children are made.
Courts will want to reach an agreement that best suits the needs and interests of the children. The court will examine various factors when determining parental responsibility, parenting plans, and timesharing schedules. These cases are often emotionally difficult, so it is crucial for parents to work with an experienced Miramar same-sex divorce attorney.
While same-sex and opposite-sex couples are treated the same under the law, there may be unique factors in practice when pursuing a same-sex divorce. As such, it is important for couples to seek legal counsel from an attorney who knows how to handle these types of cases. A Miramar same-sex divorce lawyer could help the process go as smoothly and efficiently as possible, so call today to set up a consultation.
