Same-Sex Divorce

Florida Same Sex Divorce Attorney

At Matthew Lane & Associates, P.A., we use our decades of litigation experience to provide the highest quality representation in this new, cutting-edge area of the law. We handle all of the legal issues that arise when gay couples divorce in Florida. These include child custody and visitation, modification of child custody and visitation, and child relocation. Additionally, we handle alimony, division of property and assets, and child support matters.

Gay Marriage in Florida

The road to legalization of same-sex marriage in Florida has been long and rocky. From the 1970s, when Anita Bryant famously led an anti-gay crusade, through decades of anti-gay legislation, culminating in Florida's 2008 constitutional amendment banning same-sex marriage, the possibility of legal same-sex marriage in Florida seemed remote. But decades of activism in favor of same-sex marriage finally bore fruit last year.Same-sex marriage became legal in Florida in January 2015. The law, however, was appealed and didn't go into effect until the United States Supreme Court ruled on the issue. That decision came in June, 2015, when the Court ruled on a 5-4 vote that all gay marriage bans were unconstitutional. The Supreme Court ruling meant that same-sex couples could finally get married within Florida, and that same-sex couples who got married in other states would have their marriages legally recognized in Florida.

Gay Divorce in Florida

In December 2014, a Broward County judge granted a divorce to two women who were Florida residents who had entered into a civil union in Vermont in 2002. This was the first same-sex divorce ever granted in Florida. Although the Broward judge ruled that Florida's gay-marriage ban was unconstitutional, it was still in effect at the time. It would be another month before it was officially repealed.

Requirements to File for Same-Sex Divorce in Florida

The requirements to file for divorce in Florida are the same for same-sex and heterosexual marriages.

Child Custody and Visitation After Same-Sex Divorce in Florida

How child custody and visitation issues get decided depends on whether both spouses are the legal parents of the children. If both spouses are legal parents, the case will be handled the same as it would with heterosexual parents. However, in Florida, a spouse who is not a legal parent has no parental rights under the law -- no rights to custody or visitation, and no obligation to pay child support. This is a complicated legal area, and it is crucial that divorcing gay couples who have children seek advice from an experienced family-law attorney.

Contact Us for More Information About Florida Same-Sex Divorce

Please call us at (561) 328-1095 or contact us online, to speak with a Florida gay marriage divorce lawyer and we will be glad to set up a free no-obligation consultation within the next 24 hours to answer your questions and explain more about what you can expect during the divorce process.

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