954-526-9092
Minaya Law Office, PLLC
With an office in Davie, we serve clients in Plantation, West Palm Beach, Fort Lauderdale and Miami.

Is divorce complicated in same-sex situations?

While gay marriage was legalized in all states in 2015, marriage laws are different from divorce laws. You can probably rightly assume that same-sex divorces will be handled the same way as other divorces in Florida, but that does not mean there are not special circumstances that could arise. It is those things that make gay divorce a little confusing.

According to Time, the biggest hurdle that could be faced in same-sex divorce cases is the relationship time line. With a heterosexual relationship, once the couple decided to make a commitment, they could get married. In homosexual relationships, that choice was not an option until mid-2015. If you were in a same-sex relationship, the best you could do was live together and act as a married couple or create a domestic partnership.

In a divorce, the court often looks at what happened during the marriage. If you were in a symbolic marriage for 15 years but only just got legally married in 2015, should the court consider things that happened before 2015? This becomes an issue when it involves property division, specifically. Everything you obtained together prior to the legal marriage may not be considered marital property for the sake of the divorce settlement. If your partner had put everything in his or her name, you could lose out because the court may rule those things belong to him or her only.

Because same-sex marriage is so new, there really is solid information about whether time line issues really are a problem. However, it is a good idea to try to iron things out with an agreement either before getting married or after getting married that outlines ownership and rights to assets. This information is only intended to educate and should not be interpreted as legal advice.

No Comments

Leave a comment
Comment Information
FindLaw Network

Testimonials:

"Very impressed with Ms. Minaya. She found a practical and creative solution to my complicated legal problem. She took the time to understand my situation and put together a solution that was effective and efficient, avoiding expensive court proceedings. I would recommend to my friends without hesitation. Reasonable fees and excellent work."
J. V. Client

Read more...

Contact The Firm

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Review Us