Compassionate Family Law And Divorce Guidance

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.



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