Tampa Same Sex Divorce Lawyer
Everyone deserves to find love. At the same time, everyone should have the opportunity to end their marriage if they so desire. In the past, this was not possible for same sex couples. Not every state recognizes same sex marriages, so a couple would get married in one state, move to another state, and realize they could not divorce without going back to the state that recognized these types of marriages.
As sYou may be confused about the rules regarding same sex divorce in Florida. However, everyone in every state has the same marriage rights. As of June 26, 2015, all couples in the United States were given the same marital rights, so same sex couples in Florida and other states have the same legal rights and obligations when it comes to divorce.
However, it still helps to get an experienced family law attorney on your side who can handle these often complex divorces. Seek legal help from the Tampa same sex divorce lawyer at Faulkner Law Group, PLLC. Whether or not you were married in Florida, if you were served divorce papers or plan to do so on your spouse, we can help.
Key Issues in Same Sex Divorce
While same sex divorce is legal in Florida, it brings about some complications in terms of the following:
- Property division. In a Florida divorce, marital property is split equitably, or fairly. But the problem is determining marital assets in a same sex divorce. That’s because many couples were likely married on or around June 26, 2015, when same sex marriage became legal everywhere in the country. However, many of these couples had been together for many years — even decades. They likely purchased homes, vehicles, and other items of value before getting legally married. It can be complicated to figure out who gets what, especially since Florida does not recognize common law marriages. In any case, the courts will have to look at what happened before the marriage legally took place to determine the extent of the relationship.
- Child custody. Child custody is also complicated because in heterosexual marriages with children, there is a clear mother and father. In a same sex marriage, one or neither (if the child is adopted) partner will have a biological connection to the child. If there is a biological connection, the parent often uses this biology against the other in a bid for preferential child custody. The court has to look at what is in the best interests of the child when making a decision on child custody and visitation.
Contact Us Today
Same sex divorces can be even more complicated than heterosexual ones. That’s because there are no state laws and guidelines for navigating these types of divorces. Get the right help from the team at The Faulkner Law Group, PLLC. We’ll help you understand what laws apply and how to move on with ease. Schedule a consultation with our Tampa same sex divorce lawyer today by filling out the online form or calling (813) 544-3919.