What You Need to Know about Filing LGBT Divorce in Florida
LGBT divorce can be a challenging process with unique legal considerations and emotional hurdles to overcome, which is why working with our LGBT divorce attorney in Melbourne, FL is essential. Florida law recognizes same-sex marriage and same-sex divorce. Although there are similarities between heterosexual and LGBTQ divorce, there are unique issues in same-sex divorce that you must be aware of.
At Figueroa Law Group, P.A., we understand the complexities of LGBT divorce and provide customized legal solutions to meet the needs of our clients. With years of experience representing LGBT individuals and families in Melbourne, we can help you navigate the legal process with confidence and ease.
Contact us today to schedule a consultation with our Florida family law attorneys to learn more about your legal options.
What is LGBT Divorce?
LGBT divorce, also known as same-sex divorce, is the legal process of ending a marriage or domestic partnership between two individuals of the same sex or gender identity. Along with the legal right to get married, same-sex couples in Florida also have the right to get divorced, as long as they meet their state’s requirements to file for divorce.
Like heterosexual divorce, LGBT divorce involves the dissolution of a legal union that was recognized by the state or country where it was performed. However, LGBT divorce can present unique legal issues and challenges that may not arise in heterosexual divorces. In this difficult situation, working with our Melbourne LGBT divorce attorney is highly recommended.
What are the Requirements for LGBT Divorce in Florida?
In general, the requirements for an LGBT divorce are the same as for any other divorce. However, depending on the jurisdiction in which the divorce is filed, there may be specific laws and regulations that apply to same-sex couples. Our Melbourne LGBT divorce attorney can help explain the basic requirements for couples wishing to get a divorce in Florida.
Note that these laws apply to married couples of the same sex and heterosexual couples, and are as follows:
Residency
Before filing for divorce, you must meet the residency requirements for how long you or your spouse must have lived in the state or country where you wish to file. This may involve living in the jurisdiction for a certain period before filing, depending on local laws. To satisfy the residency requirement, at least one of the parties must have resided in Florida for six months before filing the petition for dissolution of marriage.
Grounds for Divorce
In most jurisdictions, you must have a valid reason, or “ground” for seeking a divorce. Common grounds for divorce include irreconcilable differences, adultery, and cruelty. Some states like Florida also have “no-fault” divorce laws, which allow for divorce without requiring either party to prove fault.
Property Division
When a married couple divorces, they must divide their marital property, assets, and debts. This may include real estate, financial accounts, and personal property. In some cases, this can be a contentious issue, especially if there are significant assets involved.
Generally, any property or other assets that spouses earned or acquired during the marriage is marital property. Keep in mind that Florida is known as an equitable distribution state. This means that marital property will be divided based on fairness rather than equally between the couple.
Child Custody and Support
Child custody and support can be particularly complex in LGBT divorces. If the couple has children, custody and support arrangements must be made. This can be a particularly complicated issue for same-sex couples, especially if one partner is not the biological parent of the child. In Florida, child custody and support are determined based on the best interests of the child, taking into account factors such as:
- Which parent had been providing childcare
- The child’s relationships with each parent
- The child’s needs and preferences
- The mental and physical health of each parent
- The ability of each parent to provide for their needs
- The child’s participation in school and community activities
What are the Steps Involved in LGBT Divorce Process in Florida?
If you are an LGBT couple considering a divorce in Florida, you may be wondering what the process involves. The divorce process is the same for LGBTQ individuals in Florida when it comes to the distribution of marital properties and debts, retirement plans, social security payments, as well as alimony and inheritance rights. A Melbourne LGBT divorce lawyer can help you understand the legal process, your rights and obligations, and the potential outcomes of your case.
Here are the steps involved in an LGBT divorce:
File for Divorce
If you’ve decided that divorce is the right choice for you, you’ll need to initiate the legal process to get your divorce case started. To file for divorce in Florida, at least one spouse must have resided in the state for at least six months before filing.
The spouse who files for divorce must also provide the other spouse with a copy of the petition for dissolution of marriage. After the petition is filed, the court will schedule a hearing to determine any temporary orders for child custody, child support, spousal support, and other issues.
Discovery
Discovery is the process of obtaining information from the other spouse about their income, assets, debts, and other relevant information. This process may involve requesting documents, deposing the other spouse, and other methods of obtaining information.
Negotiation or Mediation
Many divorces are resolved through negotiation or mediation, rather than going to trial. Mediation is a form of alternative dispute resolution where a neutral third party helps the spouses settle. During this phase, the spouses and their attorneys work to negotiate a settlement that is fair and meets the needs of both parties.
Trial
If the spouses are unable to settle through negotiation or mediation, the case may go to trial. A trial means that there are unresolved issues between the spouses. Typically, the spouses and their lawyers will attend multiple court hearings to present witnesses, evidence, and testimony to the judge, and the judge will decide how to handle the case.
Post-Trial
After the trial, there may be additional steps involved, such as the enforcement of court orders, modifications of custody or support orders, and other legal proceedings.
Why Do I Need an LGBT Divorce Attorney in Florida?
LGBT couples going through a divorce in Florida face unique legal considerations that can have significant implications for their rights and interests. If you are a member of the LGBT community and are considering a divorce, it is important to work with our Melbourne LGBT divorce attorneys at Figueroa Law Group, P.A. who understands these issues and can provide the legal guidance and support you need.
Here are some reasons why:
- Knowledge of Florida Law: Florida law only recently began recognizing same-sex marriages, and some laws regarding LGBTQ+ divorces are still in flux. We can help you navigate the legal landscape and ensure that your rights are protected.
- Understanding of LGBT issues: We have a deep understanding of the challenges and issues that may be faced by LGBT couples during the divorce process, such as discrimination, bias, and unequal treatment. We can help you navigate these challenges and work to ensure that you are treated fairly and equally under the law.
- Advocacy: We can act as an advocate for your rights and interests during the divorce process. We can help you negotiate a fair settlement and represent you in court if necessary.
Our family law firm can provide you with the knowledge, experience, and sensitivity you need during your divorce proceedings. We can help you navigate the legal system, protect your rights, and provide the support you need during this challenging time. Contact us now to schedule an initial consultation and let us provide the legal support you need during this difficult time.
Call Our Melbourne LGBT Divorce Attorney Now!
A divorce is a serious matter for any couple. While the rules for same-sex divorce are the same as heterosexual divorce, you’ll want a Melbourne LGBT divorce lawyer on your side that understands the law and how it applies to your unique situation.
At Figueroa Law Group, P.A., we are committed to helping our clients achieve the best possible outcomes in their cases. Our family law firm can guide you through the divorce process, help you understand your legal rights and obligations, and develop a strategy that reflects your needs and interests. Whether you are adopting a child, negotiating child support payments, filing for divorce, or seeking modifications to a parenting plan, we know how to approach your case and obtain favorable results.
Contact us today to schedule a consultation and let us help you through this challenging time and provide the legal representation you need to move forward with your life.
