Are you facing a same-sex divorce or another family law matter in Kissimmee, Florida? A Kissimmee same-sex marriage/divorce lawyer at Lebron Law, PLLC can explain your rights and help you determine your next steps. Call our firm today at (321) 800-5195 to schedule a free consultation about your situation.
Same-sex spouses generally face the same legal issues as other married couples when ending a marriage in Florida. However, questions involving property acquired before marriage, parental rights, and the history of a relationship can sometimes make these cases more complicated.
How Can Lebron Law, PLLC Help With Same-Sex Marriage/Divorce in Kissimmee, FL?
At Lebron Law, PLLC, we have 10 years of experience helping clients throughout Kissimmee, FL, navigate family law matters. A Kissimmee family lawyer can explain how Florida law applies to your marriage, finances, and parental rights.
Our legal team can assist with:
- Filing or responding to a divorce petition
- Identifying and dividing marital property
- Addressing debts accumulated during the marriage
- Seeking or contesting alimony
- Establishing parental responsibility
- Developing a time-sharing schedule
- Calculating child support
- Negotiating a divorce settlement
- Representing you in court when necessary
A Kissimmee divorce attorney can help you address both the financial and family issues involved in ending your marriage. Contact us today for a free consultation.
Are Same-Sex Divorces Handled Differently in Florida?
Same-sex couples have the same right to marry and divorce as opposite-sex couples. A same-sex divorce in Florida generally follows the same legal process and rules that apply to other divorces.
Florida is a no-fault divorce state. This means a spouse generally does not need to prove adultery, abandonment, or other misconduct to obtain a divorce. Instead, a marriage may be dissolved when it is irretrievably broken.
Before filing, it is also important to determine whether Florida has jurisdiction over the divorce. Generally, at least one spouse must have lived in Florida for six months before the divorce case is filed.
How Is Property Divided in a Same-Sex Divorce?
Florida uses equitable distribution to divide marital assets and debts. Courts generally begin with the premise that marital property should be divided equally, but a different distribution may be appropriate based on factors established by Florida law.
Marital property can include assets and debts acquired during the marriage, such as:
- Homes and other real estate
- Bank accounts
- Retirement accounts
- Investments
- Vehicles
- Businesses
- Credit card debt
- Other financial obligations
Property owned before the marriage may be treated as nonmarital property in some circumstances. However, issues can arise when separate and marital funds have been mixed or when marital resources increased the value of a separate asset.
How Are Parental Responsibility and Time-Sharing Decided?
When spouses share children, a divorce may require decisions about parental responsibility and time-sharing. Florida courts determine these matters based on the best interests of the child.
Parental responsibility concerns important decisions about a child’s upbringing, such as education and health care. Florida courts generally provide for shared parental responsibility unless the court determines that doing so would be detrimental to the child.
A parenting plan also establishes a time-sharing schedule that explains when the child will spend time with each parent. Florida law creates a rebuttable presumption that equal time-sharing is in a child’s best interests, but courts must consider the statutory best-interest factors when determining the appropriate arrangement.
Can Parental Rights Become Complicated for Same-Sex Parents?
Parental rights can sometimes require special attention when only one spouse has a biological relationship with a child. The legal relationship between each parent and the child can become important during a divorce.
For example, adoption, existing court orders, and other facts may affect a person’s legal status as a parent. A spouse who has helped raise a child is not necessarily in the same legal position as someone who has legally established parentage.
Because these cases depend heavily on individual circumstances, parents should understand their legal rights before agreeing to a parenting plan or time-sharing schedule. Addressing parentage questions early can help prevent larger disputes during the divorce.
Can I Receive Alimony After a Same-Sex Divorce?
Alimony may be available in a same-sex divorce depending on the circumstances. It is not automatically awarded simply because one spouse earns more than the other.
Florida courts consider several factors when addressing alimony, including the length of the marriage, the parties’ financial resources, their standard of living during the marriage, and their earning abilities. The type and duration of support available will depend on the facts.
The legal length of a same-sex marriage can be especially important when spouses were together for many years before they were legally married. An attorney can review the history of your relationship and explain how current Florida law may apply to an alimony request.
How Is Child Support Determined in Florida?
Both parents have a responsibility to financially support their children. Florida uses statutory child support guidelines to calculate support based on factors such as the parents’ incomes, certain expenses, and the applicable time-sharing arrangement.
Child support and time-sharing are separate obligations. A parent generally cannot deny court-ordered time-sharing simply because the other parent has failed to make required support payments.
The amount of support may also change when circumstances change significantly. Parents should seek a formal modification rather than making informal changes to an existing court order.
Contact a Kissimmee Same-Sex Marriage/Divorce Lawyer for a Free Consultation
A same-sex divorce can involve important decisions about your finances, property, children, and future. Understanding your rights under Florida law can help you make informed choices before agreeing to a settlement or taking your case to court.
Lebron Law, PLLC can help you understand the family law issues involved in ending your marriage. Contact us today to schedule a free consultation with a Kissimmee same-sex marriage/divorce attorney and discuss your legal options.
