Jupiter Same-Sex Divorce Lawyer
Following the U.S. Supreme Court’s ruling in Obergefell vs. Hodges in 2015, Florida lawmakers passed a statute that specifically recognized same-sex marriage in the state. Correspondingly, Florida also allows same-sex spouses to get divorced. While the rules and requirements of same-sex divorce are the same as those for ending a heterosexual marriage, same-sex divorces often involve different challenges, making it especially important for those who are in a same-sex relationship and who are considering divorce, to speak with an experienced Jupiter same-sex divorce lawyer before filing.
Requirements for Same-Sex Divorce
There are a few basic requirements for any couple who wishes to obtain a divorce in Florida, whether or not they are in a same-sex relationship. For instance, under these rules, at least one spouse must have resided in the state for at least six months. Furthermore, both parties must agree that their marriage is irretrievably broken and must resolve a host of divorce-related issues, like property division, alimony, and child custody.
Property Division for Same-Sex Couples
One of the major issues in any divorce is how a couple will divide their assets. It’s important to note that only property that was acquired during the marriage will be subject to division. This means that any assets acquired before the marriage took place will remain in the sole possession of the original owner. Gifts and inheritances given to one spouse will also be considered separate property for the purposes of division, regardless of when they were received. Marital property, on the other hand, will be subject to equitable distribution, which means that the assets will be distributed on the basis of fairness.
Spousal Support for Same-Sex Couples
Another issue that divorcing couples must contend with before ending their marriages is whether one spouse will be required to pay alimony to the other. This is usually an option only when there is financial disparity between the parties and one spouse would suffer without economic support upon finalization of the divorce. In calculating support, courts look at a variety of factors, including the standard of living enjoyed during the marriage, the duration of the union, and each spouse’s education, training, and ability to work.
Parenting Plans for Same-Sex Couples
In Florida, same-sex parents have the same rights and responsibilities when it comes to parenting as heterosexual couples. This means that before same-sex parents can get divorced, they must address custody, of which there are two types: parenting time and parental responsibility. The former refers to the amount of time that each parent spends with the child, while the latter addresses how responsibility for childcare-related decision making will be divided. Generally, the parent who is granted less parenting time will also be responsible for making monthly child support payments. It’s important to keep in mind that with same-sex couples, if one parent is not a legal or biological parent, then he or she may not have the same kinds of custody rights as the other parent.
Contact an Experienced Jupiter Same-Sex Divorce Lawyer
While the rules for same-sex divorce are the same as those for heterosexual couples, you could still benefit from having a skilled Jupiter same-sex divorce lawyer on your side who understands the law and how it applies to you. Call 561-288-0548 to set up a free consultation with Caroline Olson, P.A. today.