Orlando Same-Sex Divorce Lawyer
Same-sex couples in Florida rejoiced when the US legal process worked in their favor to recognize marriage, opening the door to the rights that heterosexual spouses share. However, along with the right to get married, homosexual couples must also be prepared for the very real possibility of divorce. Marriages can break down just as often, which means you may need to address property division, alimony, and issues related to minor children.
Though divorce is never an easy process, it’s good to know that Florida laws protect the interests of same-sex couples. Still, you should also realize the need for an experienced attorney. At the Arwani Law Firm, our team is prepared to represent you throughout the proceedings and address certain issues that are unique to homosexual couples. Please call us to set up an appointment with an Orlando same-sex divorce lawyer, and read on for a summary of the relevant laws.
Same-Sex Divorce Process in Florida
For the most part, divorce laws, issues, and proceedings apply to homosexual couples just as they do for heterosexuals. You must live in Florida for at least six months, either spouse can file, and there’s no need to prove fault. From there, the process will generally flow as follows:
- The parties will address the issues described below.
- In an uncontested divorce, spouses can negotiate and work out an agreement regarding these issues.
- For a contested divorce, the court will need to conduct a hearing on areas in dispute. The proceedings are similar to a trial, with arguments, evidence, and testimony. The judge makes a decision by applying the laws to the facts.
- Once all issues are resolved through agreement or a hearing, the judge enters the proper orders and the marriage is officially dissolved.
Issues to Address in Same-Sex Divorce
Our attorneys at the Arwani Law Firm can offer advice and counsel on all components of a divorce case, whether you’d like to work out a compromise or must go to court for a determination. The key issues are:
- Property Division: All assets acquired and debts incurred during the marriage are subject to equitable distribution between the parties.
- Alimony: There are two key questions with respect to spousal support, the first of which is whether it’s appropriate. Then, the focus becomes what type of alimony, the amount, and duration.
- Issues Regarding Minor Children: Custody and visitation can be challenging when only one party to a same-sex divorce might be the biological parent. However, Florida law protects both parents, and indicates a clear preference that both share in important decision-making and parenting time.
You Can Rely on Our Orlando, FL Same-Sex Divorce Lawyers
Though the divorce laws are generally no different for same-sex couples, there can be complicated issues that arise during the process. As such, it’s important to have skilled legal counsel on your side. For more information, please contact the Arwani Law Firm to speak to an Orlando same-sex divorce attorney. We can schedule a consultation to review your circumstances and provide personalized information on your case.