Winter Park Same-Sex Divorce Attorney
In 2015, a landmark Supreme Court ruling legalized same-sex marriage in all 50 states. Unfortunately, with same-sex marriage also comes the issue of same-sex divorce if a relationship does not work. Just like opposite-sex couples, same-sex couples in Florida must properly file for and obtain an official dissolution of marriage judgment from the courts. Same-sex divorces can have unique issues and you should always seek help from an experienced Winter Park same-sex divorce attorney who has experience handling same-sex divorce cases.
Legal Questions In Same-Sex Divorce
Florida has many different laws related to marriage and divorce and these laws now apply equally to heterosexual and homosexual couples. The following are only some examples of issues that may arise in a same-sex divorce case:
- Enforcement of prenuptial agreements;
- Equitable division of property;
- Division of debts;
- Spousal support/alimony;
- Child custody; and
- Child support.
The legal questions that must be addressed in your divorce case will depend on the circumstances of your finances and your family. If you and your spouse cannot agree on certain issues, the court will have to decide on them for you.
Issues Involving Children
Many same-sex married couples decide to raise children and decisions regarding custody and support will need to be made in the divorce. If the same-sex partners adopted a child together, they both have the same parental rights and responsibilities as heterosexual parents. They will have to determine a parenting plan, time-sharing schedule, and child support based on the formula set out in Florida law. These decisions are relatively similar to those in opposite-sex divorces and most decisions are based on the best interests of the child.
However, many same-sex couples decide to use a sperm donor or a surrogate in order to have children. In these situations, one of the partners is generally a biological parent and the other is not biologically related to the child. If the nonbiological parent did not legally adopt the child for whatever reason, they are left without any legal parental rights to custody or visitation. On the other hand, that parent will also not have legal responsibilities to pay child support or provide additional financial support for the child. In any case involving children, it is imperative to have an attorney on your side who understands how courts in Florida handle these often complex situations.
Consult With A Winter Park Same-Sex Divorce Attorney To Discuss Your Situation Today
Whether you are in a same-sex or opposite-sex marriage, divorce can be complex and can involve many different legal issues. At the Orlando law firm of Cotter & Zelman, P.A., we have handled divorce cases involving same-sex couples and we even represented a client in the first reported case involving alimony in a same-sex divorce. We provide individualized and committed representation for every client and we will explore options for a favorable resolution to your divorce case, including mediation and other alternative dispute resolutions. If you would like more information about how we can help in your divorce case, please call 407-629-4711 for a free consultation.