3 things to consider when seeking a same-sex divorce in Florida
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3 things to consider when seeking a same-sex divorce in Florida

On Behalf of | Jun 30, 2021 | Divorce

Since January of 2015, same-sex marriage has been legal in the state of Florida. While this was and still is cause for celebration, many same-sex couples experience relationship troubles just as heterosexual couples do. When divorce is imminent, you will want to learn as much as possible about getting a same-sex divorce in Broward County.

Legally, the process of getting a divorce in Florida is the same for all couples, regardless of gender. For example, spouses of any gender must show the court that they have suffered irreparable damage to the marriage.

Challenges associated with same-sex divorces

Although divorce laws are the same for all couples, same-sex spouses may have a more challenging time ending their marriage. Some of the possible challenges to consider include:

  1. Legal domestic partnerships. Before same-sex marriages were legalized, many couples chose domestic partnerships, instead. However, officially dissolving the partnership may have to be handled in a separate action apart from your divorce.
  2. Property division issues. If you and your spouse resided together for a long time before marrying, you could face challenges when dividing marital property, as mentioned above. For example, many same-sex couples find it hard to establish separate property and marital property during a divorce.
  3. Having children. Many same-sex couples adopt children or conceive them through artificial methods. In many cases, this does not pose any challenges in getting divorced. However, there exists a chance that you could face custody and visitation hardships.

We recommend increasing your education about same-sex divorce in general before you begin legal proceedings. You and your spouse should also try to work out as many divorce issues as possible before filing your petition. Professional guidance can help in this endeavor. Please, continue exploring our website and blog to learn more about these and other family law topics.

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