Divorce can be a challenging process for any couple, but for same-sex couples, there are unique considerations that may arise. While the legal framework for marriage and divorce is now more inclusive, there are still specific issues that same-sex couples might face during a divorce. Understanding these differences can help gay or lesbian couples navigate the process more smoothly.
Understanding the legal landscape
Same-sex marriage has been legal in Florida since January 6, 2015, following the Brenner v. Scott decision. One of the primary issues is determining when a marriage began. For heterosexual couples, this is straightforward, as it starts on the marriage certificate date. However, for same-sex couples, especially those who were together before marriage equality was recognized, this can be more complex.
Marriage lenght
The length of the marriage is key in divorce cases, as it affects the division of assets and spousal support. If you lived together for a long time before getting married, you might wonder if that time counts in your divorce. In Florida, it usually does not. The state does not recognize common-law marriage, so consider mediation to agree on these kinds of issues.
Parental rights and child support
Parental rights can also present challenges for same-sex couples. In many cases, only one partner may be the legal parent, especially if the child was born before the couple married. Both partners need to have legal documentation of their parental rights to avoid complications. Child support and custody arrangements should be clearly defined, and legal advice is often necessary to protect both parents’ rights.
Other issues
Even though same-sex marriage is legal, Florida doesn’t have a statewide domestic partnership program. If you and your partner aren’t married, you might not have the same legal rights as a married couple. A few counties in Florida, like Palm Beach, Miami-Dade and Sarasota, do recognize domestic partnerships, which can give you some legal benefits.
While same-sex couples now enjoy the same legal rights as heterosexual couples in marriage and divorce, there are still unique considerations to keep in mind. Understanding the nuances of the legal landscape, especially regarding the duration of the marriage and parental rights, is crucial