Divorce always poses a challenge, and for LGBTQ couples, unique questions and uncertainties can arise. Florida law acknowledges same-sex marriage and, in turn, same-sex divorce.
Arm yourself with knowledge about the most frequent concerns as you prepare for this journey.
1. What is the process for dividing property in a divorce?
Florida law requires equitable distribution of marital assets during a divorce. This process divides all assets and debts from the marriage as evenly as possible. Courts consider each person’s economic circumstances, the duration of the marriage and the contribution of each spouse to the marriage.
2. What determines child custody?
For LGBTQ couples with children, child custody becomes a major concern. Florida courts decide custody based on the best interest of the child. They may grant joint custody, with both parents sharing time with and making decisions for the child, or award primary custody to one parent.
3. Can you receive alimony?
Alimony, or spousal support, is not a guaranteed outcome in a Florida divorce. The court reviews factors such as the standard of living during the marriage, the length of the marriage, the financial resources of each party and each person’s contribution to the marriage. If the court determines one spouse requires support and the other can afford to pay, it may award alimony.
4. Does Florida recognize marriages from other states?
If you got married in another state but live in Florida, you can file for divorce in Florida. The state honors same-sex marriages performed in other states.
5. What if you have a domestic partnership or civil union?
Florida law does not recognize domestic partnerships or civil unions. If you entered into a civil union or domestic partnership in another state, you might have to dissolve it in that state.
The road to divorce is difficult, but understanding the answers to these common questions about LGBTQ divorce in Florida can provide clarity and help you navigate what lies ahead.
