Divorce can be challenging under any circumstances, but when it involves a same-sex marriage, additional legal complexities may arise. Since the landmark U.S. Supreme Court ruling in Obergefell v. Hodges in 2015, which legalized same-sex marriage nationwide, Florida has extended the same marriage and divorce rights to same-sex couples as it does for opposite-sex couples. However, navigating the divorce process in Florida, especially when dealing with unique issues such as property division, child custody, and alimony, requires the guidance of an experienced attorney.

At Golden Key Law Group, we understand the complexities involved in same-sex marriage divorces and provide expert legal representation to ensure that your rights and interests are protected. Whether it’s understanding how assets will be divided or addressing custody arrangements for children, we are here to help you navigate the process with confidence and clarity.

The Legal Landscape of Same-Sex Divorce in Florida

While Florida’s divorce laws apply equally to all marriages, the legal process for same-sex couples can become more complicated due to various factors. Issues such as property division, alimony, and child custody may raise unique concerns, particularly for same-sex couples whose relationships predate the legalization of same-sex marriage in Florida.

For couples who were in a committed relationship before the 2015 Supreme Court ruling in Obergefell v. Hodges, questions may arise regarding the recognition of their relationship, the division of assets accumulated before marriage, or the legal establishment of parental rights. Additionally, complications can arise in cases where one or both parties are seeking spousal support (alimony), as the courts must consider factors such as the length of the relationship and financial interdependence.

At Golden Key Law Group, we are equipped to handle these complexities and guide you through the divorce process with clear, informed advice tailored to your unique situation. Whether dealing with issues related to the recognition of property rights, alimony, or custody, we are dedicated to ensuring a fair and equitable outcome in your same-sex divorce.

Key Factors Shaping Same-Sex Marriages: What You Need to Know

1. “Time and Assets: How Marriage Duration Affects Property Division”

If the couple cohabitated for an extended period before legally marrying, it becomes essential to determine whether any property or assets acquired during that time should be considered marital property. While Florida courts generally focus on the length of the legal marriage when dividing assets, they may also review the couple’s entire relationship history, especially when assets were acquired prior to marriage.

For instance, one partner may claim ownership of assets purchased before the marriage, particularly if those assets were shared or co-mingled during the relationship. This raises important questions about how property was used or maintained during the period of cohabitation before the legal marriage. In such cases, there can be civil law implications of equity that come into play, as one partner may argue for an equitable share of assets based on fairness, rather than a strict division of marital property.

This is a complex issue that requires a detailed analysis of financial records, property ownership, and the couple’s shared history. Working with an experienced attorney is crucial to navigate these nuances and ensure a fair and equitable resolution.

2.”Parenting Together: Navigating Parental Rights and Child Custody in Same-Sex Marriages”

For same-sex couples with children, establishing parental rights can be a more complex issue, particularly if the couple uses non-traditional methods such as adoption, surrogacy, or assisted reproductive technologies to have children. While Florida law does not favor one parent over the other based on gender when determining custody arrangements, issues can arise if one spouse is not the biological and/or adoptive parent.

In these cases, the non-biological or non-adoptive parent may need to go through additional legal steps to establish their parental rights. This is especially important for couples who were together prior to the legalization of same-sex marriage in 2015 and used assisted reproduction to have children, as the legal framework for these issues was not fully established until then.

If you are involved in a child custody dispute, it’s essential to understand your rights and responsibilities. Florida courts will consider factors such as:

• The child’s best interests
• The emotional bonds between the child and both parents
• The stability of each parent’s home environment

Navigating these issues requires careful legal guidance to ensure that both parents’ rights are respected and that the child’s well-being remains the top priority. An experienced family law attorney, like those at Golden Key Law Group, can help you understand how Florida’s laws

3. “Alimony in Same-Sex Marriages: What You Need to Know About Spousal Support”

Alimony in Florida is awarded based on factors such as the length of the marriage, the standard of living during the marriage, and each spouse’s financial need and ability to pay. For same-sex couples who were together for many years before marriage was legalized, Florida courts may consider the entire duration of the relationship. However, this can be complicated due to the revisions to the alimony statute in June 2023, which reduced the discretion that the court may exercise when determining the amount and duration of alimony. These changes could impact how the law is applied in such cases.

For example, if one partner was financially dependent on the other during the relationship, or if one spouse supported the other while they were building their career, an argument can be made for an alimony award based on equity, even if the marriage itself was relatively short in duration.

Florida courts still retain some discretion in awarding alimony, and the complexities involved in same-sex marriage divorces require careful consideration. A knowledgeable attorney is essential to ensure your rights are protected. The team at Golden Key Law Group can help present your case effectively, ensuring that your financial needs are met and that you receive a fair outcome tailored to your unique circumstances.

Why You Need an Experienced Attorney

Divorce can be emotionally and financially challenging, particularly for same-sex couples facing unique legal complexities. Charis Campbell, an experienced family law attorney at Golden Key Law Group, provides compassionate and strategic legal counsel, ensuring her clients’ rights are protected throughout the divorce process. Her expertise includes:

• Navigating both state and federal family law as it applies to same-sex couples
• Assisting with property division, child custody, and alimony
• Offering tailored legal advice based on each client’s circumstances

How Golden Key Law Group Can Help

At Golden Key Law Group, we specialize in high-quality legal services for same-sex marriage divorces. Our team works closely with clients to create customized legal strategies to protect their interests. We assist with:

• Personalized legal advice suited to your unique situation
• Property division in long-term relationships prior to the legalization of same-sex marriage
• Guidance through child custody and spousal support issues
• Clear communication to keep you informed at every step

Contact Golden Key Law Group for a Consultation

If you’re facing divorce or need expert legal advice, having an experienced attorney is essential. Golden Key Law Group is here to guide you through the divorce process with confidence. Contact us today to schedule a consultation and ensure your rights are fully protected throughout your same-sex divorce.