For LGBT individuals in Orlando, FL, navigating a divorce may come with its own set of unique questions and concerns. Contact us today at (407) 420-2311 to schedule a consultation with an Orlando LGBT divorce lawyer from Law Office Of Paulette Hamilton Divorce Lawyers who can assist you through this process.
Divorce can be an emotionally challenging and legally complex process for any couple. Understanding the intricacies of LGBT divorce law in Florida is crucial to ensuring a fair and smooth transition as you move forward.
How Our Family Law Attorneys Can Help With Your LGBT Divorce
Our experienced family law attorneys specialize in assisting LGBT clients through divorce. Whether you’re dealing with property division, child custody, or spousal support, we provide compassionate and knowledgeable legal guidance tailored to your specific situation.
When you hire our Orlando LGBT divorce attorneys, you can expect us to:
- Conduct thorough investigations to gather critical evidence
- Ensure all legal documents are correctly filed, and deadlines are met
- Negotiate or mediate between you and your partner
- Represent you aggressively in court if necessary
By working with an attorney who understands the nuances of LGBT divorce, you can be confident that your rights will be protected and your voice heard throughout the proceedings. Contact our Orlando divorce lawyers for help.
Is LGBT Divorce Legal in Florida?
Yes, LGBT divorce is legal in Florida. Since the landmark 2015 Supreme Court ruling in Obergefell v. Hodges, same-sex couples have had the same legal right to marry—and subsequently divorce—as different-sex couples. This decision made it unconstitutional to deny marriage and divorce rights based on sexual orientation, ensuring that all couples can legally dissolve their marriages should they choose to do so.
Can I Get a Divorce If I Got Married In Another State Before LGBT Marriage Was Legal in Florida?
Absolutely. Florida recognizes valid marriages performed in other states, regardless of when they occurred. Suppose you moved to Florida after marrying in a state where same-sex marriage was legal before the Obergefell decision. In that case, you are entitled to seek a divorce in Florida. It’s essential to meet the state’s residency requirements, which will be discussed below.
What Are the Requirements For Same-Sex Couples to Get Divorced in Florida?
If you’re a same-sex couple looking to get divorced in Florida, there are a couple of important things you need to know to make sure everything goes smoothly.
Residency
First, one spouse must have lived in Florida for at least six months before you can start the divorce process. This is called a residency requirement, and it’s necessary so that Florida courts can handle your divorce. You don’t both have to be living in Florida for six months—just one of you needs to meet this rule.
Once you’ve met the residency requirement, you can file for divorce in the county where either of you lives. This is helpful because you can choose a location that’s convenient and familiar to you, which can make things simpler and less stressful in terms of travel or other logistics.
Fault
Another key thing to know is that Florida is a “no-fault” divorce state. This means you don’t have to prove your spouse did something wrong, like cheating, to get a divorce. You simply say that the marriage is “irretrievably broken,” which means it can’t be fixed and continuing it isn’t feasible.
Because Florida doesn’t require blame to be assigned, the divorce process can be less stressful and more straightforward. It allows both partners to focus on important matters like dividing property, deciding on child custody, and making support arrangements without getting caught up in arguments about who’s at fault.
Knowing and following these steps will help you start the divorce process on a clear and solid footing, enabling both of you to move forward to the next stage of your lives with confidence and support.
What Are the Grounds For LGBT Divorce in Florida?
In Florida, getting a divorce for LGBT couples is pretty straightforward because of its “no-fault” system. This means you don’t have to prove that your partner did something wrong, like cheating or lying, to get a divorce. Instead, you just need to say that the marriage is beyond repair.
Irretrievably Broken
But what does it mean when a marriage is “irretrievably broken”? It means the relationship can’t be fixed, and there’s no way to make it work again. Either one or both of you can decide that the marriage is over because the problems are too big to solve. This approach helps keep things calm because it focuses on the fact that the marriage isn’t working anymore, rather than arguing over past mistakes.
Mental Incapacity
This is rare but important in some cases. If one partner can’t make good decisions or take care of themselves because of a serious mental health issue, this can be a reason for divorce. However, the mental incapacity must have been present for a long time and needs to be recognized by medical professionals. This protects a partner who can’t fulfill their role in the marriage due to long-term mental health issues while giving the other partner a way to end the marriage legally.
Overall, these rules for divorce in Florida are meant to make the process easier, reduce conflict, and fairly deal with serious issues like mental incapacity. By not focusing on who’s at fault, the system helps both partners move on and sort out the important details of their separation with less stress.
Is Spousal Support Available in a Same-Sex Divorce?
Yes, spousal support, or alimony, may be awarded in a same-sex divorce just as it would in a different-sex divorce. Florida courts consider several factors when determining alimony, including the length of the marriage, the standard of living established during the marriage, and the financial resources and earning capacities of both parties. The goal is to ensure both spouses can maintain a similar lifestyle post-divorce.
How is Property Divided When Same-Sex Couples Divorce in Orlando?
In Florida, when couples divorce, marital property is split based on “equitable distribution.” This means that everything you and your spouse have gained or owed together during the marriage is divided fairly, although not always equally. It doesn’t matter whose name is on the ownership papers; if you got it while married, it’s usually considered marital property.
However, some things are considered non-marital property, like possessions or money you had before getting married, or things given to you alone as gifts or inheritance. These usually stay with the person who originally owned them.
How Are Child Custody and Visitation Handled in a Florida Same-Sex Divorce?
Child custody and visitation (known as time-sharing and parental responsibility in Florida) are determined based on the child’s best interests, with the court aiming to facilitate ongoing and meaningful contact with both parents. Factors considered include:
- The ability of each parent to provide for the child’s needs.
- The child’s relationship with each parent.
- Each parent’s willingness to support the child’s relationship with the other parent
- Whether you are a biological or adoptive parent, your parental rights will be protected during custody negotiations.
An experienced divorce lawyer can help you understand and work through this process to make sure everything is assigned fairly.
Alternative Dispute Resolution Strategies to Help the LGBT Divorce Process
Going through a divorce can be tough, but there are ways to make it less stressful and more friendly, especially for LGBT couples with unique needs. One helpful way is using Alternative Dispute Resolution (ADR) strategies. These methods are often less confrontational and cheaper than going to court.
Mediation
Here, both partners meet with a neutral person called a mediator. The mediator doesn’t pick sides or make decisions. Instead, they help guide the conversation so both partners can share their thoughts and feelings openly, without the pressure of a courtroom. The aim is to agree on issues like dividing property, taking care of kids, and financial support. Because both people work together to find solutions, they often feel happier and more invested in the outcome.
Collaborative Divorce
Each partner hires a lawyer trained in this type of divorce. Everyone agrees to cooperate respectfully and share all necessary information. The main idea is teamwork: you and your partner, along with your lawyers, try to solve all issues without going to court. If one partner decides to go to court, both lawyers must step aside, encouraging everyone to keep working together to find a resolution. This method can be especially helpful for LGBT couples who want to create customized solutions that consider their family’s needs and future goals.
Why choose ADR?
First, it usually saves time and money. Court battles can last a long time and become really expensive. ADR tends to wrap up faster with fewer lawyer fees. Second, it allows you and your partner to make decisions instead of leaving them up to a judge, so you can create solutions that fit your specific situation. Lastly, these methods support a more peaceful process, helping maintain a better relationship after divorce. This is really important if you have children and need to continue co-parenting.
In short, ADR strategies like mediation and collaborative divorce allow LGBT couples in Orlando to handle their divorces with dignity and respect, crafting arrangements that suit their unique situations and helping them move forward with less emotional stress.
Schedule a Free Case Evaluation With a Trusted Orlando LGBT Divorce Lawyer
Going through an LGBT divorce can be tough, but you don’t have to handle it on your own. Our Orlando LGBT divorce lawyers are here to offer caring support and expert legal help. When you know your rights and choices, you can make smart decisions that will help you in the future. Set up a meeting with us today to talk about your situation and find out how we can support you during this difficult time.
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