Gay divorce in florida

Florida occupies an interesting space where same-sex marriage is concerned. Same-sex marriage had been banned by constitutional amendment and prohibited by state law. A federal court ruled it unconstitutional just months before a June ruling by U. Supreme Court that same-sex couples enjoyed the same rights as heterosexual couples.

Although the law of the land allows same-sex marriage in all states, Florida still has a law on the books prohibiting it. That has not and should not stop gay couples from tying and untying the knot in the Sunshine State. With the freedom of marriage comes the responsibilities of divorce should the marriage not last.

Same-Sex Divorce

Although divorce is never easy, it presents some unique challenges to same-sex couples. At Fournier Law, we help clients navigate these complexities. If you are considering a same-sex marriage or divorce, or if you have been served with divorce papers, we can help. Although banned in the state prior to the Supreme Court Ruling, gay couples have been able to enjoy the same fundamental rights as heterosexual couples ever since.

Those rights are recognized in Florida no matter which state you were married in. Gay couples can also adopt children together. These are all benefits that heterosexual married couples have enjoyed for a long time, but were denied to gay married couples. With rights also come responsibilities. If they are married, same-sex couples can no longer just separate their lives if they no longer wish to live with each other.

Like heterosexual couples, they must go through the divorce process to have their union dissolved according to the law. Working with a family law attorney before you marry a same-sex partner—for example, drafting a prenuptial agreement—and with an attorney experienced with complicated divorces, could make both processes far less stressful.

Some of the most serious issues that arrive in a gay divorce concern not what happened while you were married but your relationship prior to same-sex marriage. If you and your spouse lived together as florida married couple long before you were allowed to marry, you were likely combining assets and debts just like married couples do.

However, since you were not legally wed, the court has no responsibility to recognize anything that happened divorce to the legal marriage. If you are wondering how this might affect you, consider the division of assets process in divorce. In Florida, all assets and debts acquired by a couple during the marriage are considered marital property and are therefore subject to equitable division in divorce.

Property acquired by a person prior to marriage is separate property which is not subject to division in divorce. For example, you and your partner had been living together as a married couple for several years. There were two mortgage payments left on gay house, and your partner made those from their bank account.

After you married, your spouse did not add your name to the deed. Despite the fact that you both considered the house to belong to you both jointly, the court will likely not see it that way.