Skilled Family Law Counsel
Dedicated to Professional Excellence
Over 35 Years of Trial Experience
West Palm Same-sex Divorce Lawyer
At the Lane Law Firm, P.A., we use our decades of litigation experience to provide the highest quality representation in this cutting-edge area of the law. We provide a full spectrum of family law services, including:
- Divorce
- Child Custody and Visitation
- High Asset/High Net Worth Divorce
- Alimony
- Division of Property and Assets
- Custody Modification
- Child Relocation
We are trusted legal counsel, who will thoughtfully navigate you through the process with a high level of professionalism, exceptional personal service, and meticulous attention to detail. We care, we listen, and we tenaciously advocate for your rights.
Schedule an appointment with a LGBT / Same-Sex divorce attorney by calling: (561) 363-3400, or contact us online. We have office locations in Palm Beach Gardens, Wellington, and West Palm Beach, Florida.
Same-Sex Divorce - FAQs
Same-sex divorce in Florida involves the legal dissolution of a marriage between two individuals of the same gender. The state applies the same divorce laws to same-sex couples as to opposite-sex couples. Here are some commonly asked questions about the specific legal aspects affecting same-sex divorces in Florida:
Florida courts recognize same-sex marriages legally performed in other states. This recognition allows couples married elsewhere to file for divorce in Florida, even if the state did not originally recognize their marriage. This rule follows a 2015 appellate court decision stating that Florida cannot refuse to dissolve a valid same-sex marriage.
To file for divorce in Florida, one spouse must meet Florida’s residency requirement of living in the state for at least six months before filing. This ruling guarantees that same-sex couples have access to divorce in Florida regardless of where their marriage took place.
The divorce process for same-sex couples closely follows that for opposite-sex couples. However, child custody and parental rights can present unique issues. Florida courts prioritize the legal parental status of each parent. If only one spouse holds legal parenthood, such as through adoption or biological connection, the other spouse may struggle to gain time-sharing (custody or visitation) rights.
This situation often affects same-sex couples with children. We recommend consulting an attorney experienced in LGBTQ family law to protect parental rights during divorce proceedings and to navigate these challenges effectively.
To file for divorce in Florida, one spouse must have lived in the state for six months before filing. The marriage must be legally recognized, either performed in Florida after the legalization of same-sex marriage in 2015 or validly performed elsewhere.
Florida law requires the marriage to be “irretrievably broken” or that one spouse has been mentally incapacitated for at least three years. Like all Florida divorces, couples must attempt mediation to resolve issues before moving to court hearings if necessary.
Here at the Lane Law Firm, we guide same-sex couples through divorce with respect and attention to their unique needs. Our knowledge of Florida law and experience in high-net-worth cases help us protect your rights.
For more information or to schedule a consultation, please contact us. We serve clients in West Palm Beach, Wellington, and Palm Beach Gardens, Florida.
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