Brandon Same-Sex Marriage & Divorce Attorney
The issue of same-sex marriage has been a point of controversy for decades. Each state has its own laws when it comes to the legality of same-sex marriage. The ban on same-sex marriage was deemed unconstitutional in 2014. As a result, Florida allowed same-sex marriage on January 6, 2015.
Requirements for Divorce
Of course, same-sex divorce is allowed as well. The same rules and requirements that apply for heterosexual divorces also apply for same-sex divorce. They are as follows:
- At least one spouse must have lived in Florida for six months or longer prior to the divorce.
- The divorce petition must be filed in the county where one or both spouses currently live.
- There must be legal grounds for the divorce.
Florida recognizes just two grounds for divorce: mental incapacity of a spouse and irreconcilable differences.
In any divorce, property division is a major issue. Marital property may include a home, cars, money in bank accounts, and other property. If there is a prenuptial agreement, that will be looked at first to determine how property will be split.
Note that not all property is subject to split in a divorce. A person can keep any property they had before marriage. Also, any gifts or inheritances received during a marriage remain the property of the recipient. The other spouse has no claim to them.
Keep in mind that Florida is an equitable distribution state. This means that marital property may not be split 50/50. It will be split based on what is fair, which means it will depend on each party’s contributions to the marriage, as well as how long the marriage lasted and each person’s economic situation. It could be 60/40, 75/25, or some other split.
Same-sex couples also have rights to alimony. The Florida courts are allowed to order alimony from one spouse to another if there is a financial disparity between the couple. This means that alimony is typically not awarded if both spouses earn about the same amount of money or have the ability to do so.
When calculating an alimony amount, the court will consider factors such as:
- The length of the marriage
- The ability of each spouse to work
- The standard of living during the marriage
- Contributions each spouse made during the marriage
Ideally, the spouses would agree to all the elements of the divorce on their own. However, this does not always happen. When there is disagreement, mediation can be helpful. This involves a third party who helps the couple communicate and negotiate.
When the couple cannot agree on the major issues, the court may need to step in. A judge will hear the case and make a decision based on the facts of the case. Litigation is a time-consuming and expensive process and should be avoided if possible.
Contact a Brandon Same-Sex Family Law Attorney Today
If you and your spouse are a same-sex couple, you may be concerned about the divorce process. What rules apply?
Whether you are a same-sex or heterosexual couple, the process is the same. Let Brandon same-sex marriage & divorce attorney Stephanie Koether from Koether Law, P.A. guide you through the process. Schedule a consultation with our office today.