The United States Supreme Court passed landmark legislation to legalize same-sex marriages nationwide in 2015. Shortly after, Florida ruled the state’s ban on same-sex marriages unconstitutional. Marriage equality of same-sex couples allows spouses to receive employee benefits, inheritances and survivor benefits, the right to make medical decisions for their partner, and other legal protections. However, with the advent of same-sex marriages, same-sex divorces became inevitable, at a similar rate to heterosexual divorces. While the current procedural laws in Florida do not differentiate between same-sex and heterosexual couples, those in the LGBTQ population that initiates a divorce continue to face unique challenges.
As same-sex divorce law evolves, it is vital to have an experienced divorce attorney, from the initial divorce petition through the final divorce decree. There are many complexities for gay, lesbian, bisexual, and transgender divorcing couples that were together before 2015. The Llabona Law Group has guided same-sex couples compassionately and sensitively to obtain a dissolution of marriage. Our goal is to advocate for your interests and minimize the stress of divorce.
There are aspects of a divorce that are mainly dependent on the length of a marriage. The longevity of a same-sex relationship is problematic to prove. Many couples were together in an exclusive and committed relationship for many years before Florida law recognized them as a married couple. They may have been in a domestic partnership or a civil union in another state, recognizing them as a couple. However, relocating to Florida did not grant them spousal-like rights. In a divorce settlement, this raises the question of pre-marital vs. marital property and alimony.
The court’s determination for spousal support and an equitable division of assets and debts is dependent on many factors, including the length of a marriage. In Florida, a short-term marriage lasts fewer than seven years. A moderate-length marriage lasts more than seven years but less than seventeen years. A long-term marriage is one with a duration of seventeen years or more. The challenge that couples face is proving the duration of their relationship. Florida law did not recognize marriages before 2015.
Perhaps the most painful struggle in a divorce for any couple is the child support, custody and timesharing rights of the children. Divorce is emotionally painful for children and can have lasting effects on them into adulthood. When both parents in a same-sex marriage have equal legal rights regarding their children, it is generally easier to work together in the child’s best interests. However, if the couple cannot reach an agreement, a judge will consider various factors to determine child custody, timesharing, and child support.
These issues are further complicated in a same-sex divorce if both parents are not on the birth certificate. The child may be the biological child of one party or may have been adopted before the couples’s relationship. In that case, child support, child custody, and timesharing can be contentious and complicated. A relationship can be denied to anyone that is not a legal parent, even if they were the primary caregiver. At the Llabona Law Group, we are passionate about protecting our clients’ relationships with their children. We work with our clients collaboratively, as it is vital to compromise on all child-related issues for the well-being of the child and both parties.
Same-sex divorce is inherently a challenging path. The dissolution of a marriage is highly emotional for same-sex couples as well as their children. Attorneys Lusan and Nelson Llabona are experienced family law attorneys who understand broken relationships and concurrent financial issues. If your same-sex marriage is irretrievably broken and you or your spouse have been a Florida resident for at least six months, we can help. Or, if you were married in another state and wish to obtain a same-sex divorce in Florida, we can assist with dissolving the marriage through Florida laws. Call our Orlando, Florida office for a consultation. Our attorneys and office staff are bilingual and speak both English and Spanish.
These issues are further complicated in a same-sex divorce if both parents are not on the birth certificate. The child may be the biological child of one party or may have been adopted before the couples’s relationship. In that case, child support, child custody, and timesharing can be contentious and complicated. A relationship can be denied to anyone that is not a legal parent, even if they were the primary caregiver. At the Llabona Law Group, we are passionate about protecting our clients’ relationships with their children. We work with our clients collaboratively, as it is vital to compromise on all child-related issues for the well-being of the child and both parties.