Three Considerations for Same-Sex Couples Getting Divorced in Florida

Same-sex couples face unique legal challenges in their relationships, including when they decide to get divorced. At McKINNON LEGAL, we represent clients in a variety of family law matters, including same-sex divorces. In most ways, same-sex divorces happen in just the same way as any other divorce. We guide our clients through property division, child support and alimony matters, timesharing arrangements, and more. However, sometimes same-sex couples face added challenges due to some Florida family courts’ inexperience handling these cases. In today’s blog post, we discuss some things that divorcing same-sex couples should consider as they navigate family court.

1) Marriages predating January 2015

Since Florida only began to recognize same-sex marriage in January 2015, the state may consider your marriage differently if it took place in another state before that time. This can cause some challenges for dissolution of marriage. The court may view your marriage as if you have been together for less time than you actually have. An experienced attorney can help you if you find yourself in this situation.

2) Lack of legal precedent

Since Florida has only recognized same-sex marriage, and by extension same-sex divorce, for a few years, you may face a lack of precedent in the more complicated parts of your divorce. While same-source divorces should be handled in the same way as any other marriage, sometimes complexities do arise that can be frustrating if you do not have the proper legal guidance.

3) Children

Whether your children were adopted or conceived through artificial means, you may face some unique challenges and questions when it comes to establishing a parenting plan and support. Again, an experienced attorney can guide you through these issues and help you protect your rights in family court.

If you are seeking a same-sex divorce in the state of Florida, you need an attorney to help you navigate the complexities that could potentially arise in court, or even if you settle your divorce outside of court. You need an attorney who has experience navigating these issues and who will treat you with the respect you deserve. At McKINNON LEGAL, we are committed to protecting the rights of every client, regardless of their gender, identity, or sexual orientation. We understand that ending a marriage is never difficult and we will stand by you every step of the way.

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