Same-sex married couples face unique challenges when it comes to dissolution of marriage. Florida’s long and challenging history with same-sex marriage creates a particularly unique situation for any same-sex couple seeking divorce.
Florida has not always recognized same-sex marriage. It’s worth noting that a same-sex marriage from another state prior to 2015 may not be recognized the same way in Florida and this may have a serious impact on any action for Dissolution of Marriage.
WHAT DOES THIS MEAN FOR MY SAME-SEX DIVORCE?
Florida is still in transition with regard to same-sex divorce. Prior to 2015, divorces exclusively involved heterosexual couples. Now all professionals involved in a divorce dispute must be prepared for the possibility of working with a same-sex couple and the unique situation they face. The Florida legal system will also likely face unique questions with regard to custody of children involved, whether adopted or produced through artificial means, alimony and child support.
Though now four years after the landmark decision, there is still a glaring lack of precedent in the legal system for judges to consider when dealing with the unique issues involved in a same-sex divorce. This challenging history could impact your divorce. For example, the Court may determine a date of marriage that is much more recent than a couple’s actual marriage date. That determination could seriously impact how a Judge is able to rule regarding specific issues, such as property distribution and alimony, which rely heavily on the date of marriage.
For this reason, it is essential that you have the support of an experienced attorney to guide you through this process or point to other alternatives, such as the Collaborative Process, which may better represent your family’s needs.
At the Kendrick Law Group, our attorneys are dedicated to providing you quality legal counsel in all aspects of your Family Law matter. For more information about how we can help, call us today to schedule your complimentary consultation. 407-641-5847
By Samantha Sauer, Esq.
Co-written by: Hunter Kelly, Legal Assistant