If you want to end your marriage, you need to hire an attorney who specializes in same sex divorce in Coral Gables. Our LGBTQ family lawyer explains.
Although same sex divorce has the same rules as heterosexual divorce, there are some details unique to the same sex community that can make divorce tricky. In 2015, same sex couples gained the same rights and responsibilities as heterosexual couples when they marry and when they divorce. Regardless of where your marriage took place, if you have been served with divorce papers or are seeking a divorce in Florida, our family attorney at Casais & Prias can help.
Equitable Distribution
Many same sex couples were together for years, even decades, before same sex marriage became legal nationwide. They may have purchased homes and vehicles, and obtained other assets before they were legally married. The issue with these assets is that they likely will not figure into the marital assets considered by the judge. Florida does not recognize common law spouses, so any assets obtained prior to marriage would not be divided.
For example, if the couple purchased a home in one person’s name and the other person was not added to the deed after they were married, the house would remain the property of the person on the deed. An experienced family attorney representing you in your same sex divorce in Coral Gables is the best way to ensure that your rights are protected. We will fight to obtain the assets that you are entitled to.
Alimony
Similar to assets acquired before marriage, alimony is solely based on the time the couple was married. Even if a couple lived together for 20 years before they got married, if they were only married for five years, alimony would only be based on five years. The standard basis for an alimony settlement is:
- Income and earnings of both spouses
- Length of the marriage
- Needs of each spouse
- Financial investments brought by each spouse to the marriage
This settlement can get murky when a majority of the relationship happened before marriage, and the length of the marriage has a disproportionate impact on the amount of alimony that could be awarded. This is why you need legal representation when alimony is on the table. Our experience with same sex divorce in Coral Gables makes us a helpful partner to have representing your best interests.
Child Custody
When children are involved, a divorce can be more complex. The courts can give preference to the biological parent even though parental responsibility strives to give equal responsibility to both parents. Custody can be more difficult in a same sex divorce because the child is either biologically related to only one parent or, in the case of adoption, neither parent.
To ensure that you have parental rights for your child, you must take these steps prior to your divorce:
- If your spouse had a child before you were married, you need to adopt the child to establish parental rights.
- If the child was born after you were married, and you are not the biological parent, you need to adopt the child to establish parental rights.
- If the child was adopted during your marriage, you should adopt the child or include your name on the birth certificate.
Once parental rights are established, the courts should award equal time-sharing arrangements for each parent while always keeping the child’s best interests in mind.
Casais & Prias Can Help With Your Same Sex Divorce In Coral Gables
If you have questions about your divorce, custody, alimony, or any other matters of family law, contact us today. We can schedule a free case evaluation and devise a strategy that protects your rights. We look forward to working with you.
