Same-Sex Divorce
Same-sex couples in Florida have the same right to marry and divorce as opposite-sex couples, but the process can bring unique questions about parental rights, property division, and future planning. At McNary Law, our family law attorneys proudly serve the Bradenton and Sarasota communities. We approach every case with skill, care, and understanding, helping LGBTQ spouses move through divorce with clarity and confidence.
Understanding Same-Sex Divorce in Florida
Same-sex divorce follows the same legal framework as any other divorce in Florida. However, the realities of family life often mean same-sex spouses encounter additional questions, especially around parentage and property that predates marriage equality.
Residency and Filing Requirements
To file for divorce in Florida, one spouse must have been a resident for at least six months before filing. Divorce petitions are filed in the circuit court where either spouse lives. Our attorneys ensure every step is handled correctly so your case moves forward smoothly.
Parenting and Custody in Same-Sex Divorce
When children are involved, custody and parental rights are among the most important considerations. Florida requires a parenting plan and time-sharing schedule in every divorce involving minor children.
For same-sex couples, extra steps may be needed to confirm parental rights. Questions that often arise include:
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Was parentage established through adoption, surrogacy, or assisted reproduction?
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Does both spouse’s name appear on the child’s birth certificate?
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How will time-sharing and decision-making responsibilities be shared?
Our attorneys help protect both parents’ rights while focusing on the child’s best interests.
Property Division for Same-Sex Couples
Florida uses an equitable distribution system, meaning marital assets and debts are divided fairly, though not always equally. For same-sex couples, challenges may include:
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Sorting out property acquired before 2015, when marriage equality was recognized
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Addressing jointly owned real estate purchased before marriage was legal
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Dividing retirement accounts, investments, or businesses started before marriage recognition
We work to present strong evidence supporting your financial interests and ensure a fair outcome.
Alimony in Same-Sex Divorce
Spousal support is determined based on factors such as length of marriage, financial need, and standard of living. For same-sex couples, one common issue arises when a long-term relationship existed before legal marriage was possible. Our attorneys advocate to ensure your unique circumstances are fairly considered.
Safety and Protection
In some cases, divorce involves concerns for safety. Florida courts can provide protective injunctions for victims of domestic violence. If protection is needed, our firm can move quickly to secure safeguards for you and your family.
Divorce and Estate Planning
Divorce is also a time to revisit estate planning documents such as wills, trusts, and health care directives. Many same-sex couples created these documents before marriage equality to ensure legal protections. After divorce, failing to update them can lead to unintended consequences. Our attorneys also provide estate planning services to help protect your future.
Why Work With McNary Law?
Our firm is built on values of honesty, compassion, accountability, continuous improvement, and community commitment. We understand the emotional toll divorce can take and are committed to guiding clients through it with both empathy and strength. Based in Bradenton, we serve clients throughout Manatee and Sarasota counties, and we also offer remote services for convenience.
Common Questions
Do same-sex couples follow the same divorce process as opposite-sex couples?
Yes. The process is the same, though issues like parentage and property rights may require extra attention.
Can both parents in a same-sex marriage have custody rights?
Yes, as long as parental rights have been legally established through adoption, surrogacy, or other means.
What if we were together long before marriage was legal?
Courts usually measure the marriage length from the legal marriage date, but experienced attorneys can present the broader history of your relationship in support of financial and custody matters.
Moving Forward
Divorce is never easy, but you don’t have to go through it alone. If you are considering or facing a same-sex divorce in Bradenton or Sarasota, our attorneys are ready to protect your rights and help you move forward with confidence.