Longwood Same-Sex Divorce Attorney
Florida has recognized same-sex marriages since January 2015. Later in 2015, the United States Supreme Court also ruled in favor of same-sex marriage under the U.S. Constitution’s 14th Amendment. Although the law recognizes that same-sex couples should have the same rights as opposite-sex couples, there are still several legal issues that are unique to them. Some same-sex couples opt to remain unmarried for political or other reasons, but they still want to ensure their rights are protected.
To learn more about same-sex marriage and other rights afforded under the law in Florida, let our experienced Longwood same-sex divorce attorneys assist you.
Rights for Same-Sex Marriage and Divorce in Longwood
Same-sex couples who tie the knot in Florida or marry in another state and move to Florida, are provided the same rights and responsibilities as opposite-sex couples. Chapter 61, under the Florida Statutes, addresses the dissolution of marriage and child custody matters. Same-sex couples who want to get divorced need to comply with all the same regulations that opposite-sex couples do. These include:
- Filing a Dissolution of Marriage petition;
- Dividing marital property under the theory of equitable distribution;
- Opting for collaborative divorce;
- Seeking spousal support;
- Child support orders;
- Child custody and timesharing arrangements; and
- Modifications to child custody, child support, and alimony orders.
Same-sex couples have to meet the same eligibility requirements to file for divorce in Florida as opposite-sex couples as well. That means at least one party must have been living in the state for the six months before the dissolution of marriage petition is filed.
Domestic Partnership Agreements or Cohabitation Agreements for Same-Sex Couples in Longwood
When a same-sex couple doesn’t want to get married, the issue of rights will vary. Florida doesn’t have a specific law that relates to civil unions, unlike many other states. That means a same-sex couple cannot choose to enter into a civil union instead of a marriage.
LGBTQ couples can live together for years, sharing finances, buy property together, commingle their assets, etc. So, what happens when they want to end the relationship? How do they protect their rights? There may be an option to enter into a domestic partnership or a cohabitation agreement. These agreements are a type of contract that allows each party to agree to various terms. Examples of topics covered in these agreements include:
- Distributing assets if one party should pass away;
- Dividing property should the relationship end; and
- Agreeing to financial support for one partner should the relationship end.
If you aren’t married, it’s even more vital that you make sure you are protected. Other documents that same-sex couples should consider having include:
- Last will and testament;
- Health care advance directives; and
- Financial powers of attorney.
Contact a Longwood Same-Sex Couples Lawyer
If you are in a same-sex relationship and have questions about your rights, it’s essential to speak with an experienced Longwood same-sex couples lawyer. Contact The Troum Law Firm, P.A. today to schedule an initial consultation.
