Same-Sex Couples Lawyer

Understanding the Legal Needs of Same-Sex Couples

While marriage equality was established nationwide with the U.S. Supreme Court’s 2015 decision in Obergefell v. Hodges, many same-sex couples still face legal complexities that others do not. It’s vital to work with a lawyer who understands not only family law but the unique nuances that impact LGBTQ+ individuals and families.

At McNary Law, we assist same-sex couples with a wide range of legal services, including:

• Marriage and domestic partnership agreements

• Divorce and dissolution

• Child custody and parenting plans

• Adoption and parental rights

• Property and asset division

• Prenuptial and postnuptial agreements

• Mediation and litigation support

We proudly represent clients in Bradenton, Lakewood Ranch, and Sarasota, providing tailored strategies to address your specific goals.

Marriage and Domestic Partnership Rights

Marriage grants couples a range of legal rights — but issues can still arise even after tying the knot. Some couples may have entered into domestic partnerships or civil unions before marriage equality and now wish to update their legal standing.

A same-sex couples lawyer can assist with:

• Drafting prenuptial or postnuptial agreements

• Updating wills, trusts, and beneficiary designations

• Ensuring parental rights are legally secured

• Transitioning domestic partnerships into legal marriages, where applicable

At McNary Law, we believe that love deserves protection — and we work to safeguard your rights every step of the way.

Divorce and Dissolution for Same-Sex Couples

Just like any marriage, some same-sex marriages end in divorce. However, LGBTQ+ divorce cases often involve unique legal issues, such as:

• Division of premarriage assets from long-term relationships before marriage was legally recognized

• Disputes over parental rights if only one spouse is the biological or adoptive parent

• Out-of-state marriages that Florida courts must now recognize and dissolve

Our Sarasota and Bradenton divorce lawyers understand these challenges intimately. We help clients through:

• Collaborative Divorce: A non-adversarial process that prioritizes mutual agreement (especially helpful for child-related issues)

• Litigated Divorce: For complex property, custody, or support disputes

Divorce is a significant life transition — but with the right attorney, you can move forward confidently.

Child Custody, Parenting Plans, and Adoption

Parenting can be more legally complicated for same-sex couples, especially if only one parent is biologically related to the child.

We help couples with:

• Establishing Parental Rights: Formal adoption, second-parent adoption, and affirming parental status

• Parenting Plans: Creating comprehensive custody agreements that respect each parent’s role

• Relocation Matters: Navigating Florida’s relocation laws if a move is necessary

• Paternity and Parentage Disputes: Including representation under Florida Statutes Chapter 742​Chapter 742 – 2024 Flor…

Protecting your relationship with your child is paramount. McNary Law’s family law team specializes in crafting solutions that reflect your family’s needs.

Property Division and Equitable Distribution

Florida follows equitable distribution laws, meaning marital property is divided fairly — not necessarily equally — during divorce​Service Areas​Practice Areas.

However, challenges arise when:

• Couples cohabitated long before marriage became legal

• One spouse has significantly greater financial resources

• Nontraditional assets, businesses, or inheritances are involved

Our Bradenton and Sarasota family law attorneys understand how to build strong financial strategies during property division, protecting what you’ve built together.

Prenuptial and Postnuptial Agreements for Same-Sex Couples

Marriage is not just a romantic partnership; it’s also a financial and legal one. Prenuptial and postnuptial agreements can help protect individual rights and clarify expectations.

A same-sex couples lawyer can draft agreements that:

• Define asset ownership and management

• Set expectations for spousal support or alimony

• Provide clarity around business ownership and inheritances

• Protect pre-existing property and debts

By creating a clear roadmap early on, you safeguard your relationship from unnecessary conflict later.

Protecting Yourself Through Mediation and Litigation

At McNary Law, we encourage resolving disputes amicably whenever possible through Family Law Mediation​Practice Areas. Mediation is often ideal for same-sex couples who want to preserve mutual respect and co-parent effectively.

However, we are also fully prepared to fight for your rights in court if necessary — whether through:

• Divorce litigation

• Child custody battles

• Adoption hearings

• Domestic violence injunctions

When your family, future, or freedom is on the line, you need an experienced advocate by your side.

Common Legal Questions for Same-Sex Couples

1. Do same-sex spouses have the same rights in Florida as opposite-sex spouses?

Yes. Under both state and federal law, same-sex marriages are recognized and treated equally. However, complications can arise when navigating areas like parental rights or prior domestic partnerships, making knowledgeable legal guidance critical.

2. Can my spouse adopt my biological child?

Yes. Stepparent adoptions are available to same-sex couples in Florida. A same-sex couples lawyer can help streamline the process and ensure that your parental rights are legally protected.

3. What happens if we had a domestic partnership before marriage?

Depending on your situation, you may need to dissolve the domestic partnership, convert it to a marriage, or address specific legal arrangements like shared property.

4. What if only one of us is on the child’s birth certificate?

Without a formal adoption or court order, the non-biological parent may not have full legal parental rights. We can assist in securing legal recognition of both parents.

Why Choose McNary Law for Same-Sex Couples Legal Matters?

At McNary Law, we combine experience, empathy, and personalized strategies. Here’s why families across Bradenton, Lakewood Ranch, and Sarasota trust us:

• Specialized Family Law Practice Areas: Alimony, child custody, divorce, modifications, mediation, and more​Practice Areas

• Criminal Defense and Domestic Violence Protection: Full-service support for urgent matters​Practice Areas

• Tailored Legal Solutions: We listen to your goals and craft creative, effective plans

• Compassionate Representation: We understand the emotional complexities involved and treat you with dignity and respect

Whether you’re building a life together or moving into a new chapter, we are honored to help protect your rights and secure your future.

Contact a Same-Sex Couples Lawyer in Bradenton or Sarasota Today

If you need a same-sex couples lawyer in Bradenton, Sarasota, or Lakewood Ranch, McNary Law is here for you. We are passionate about standing beside LGBTQ+ clients with the compassion, skill, and dedication they deserve.

📞 Schedule a consultation today to learn how we can help you protect what matters most.