Same Sex Divorce
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Florida did not recognize same sex marriages until January 6, 2015. This meant that prior to 2015, all lawful same sex marriages that occurred out-of-state were not honored in Florida. Now that same sex marriage is legal in Florida, so is divorce. Under Florida law, same-sex couples now have the same rights as heterosexual couples when it comes to divorce, children and all other aspects of the family.
The dynamics in every family are unique and divorce is no exception. The date of marriage for any divorcing couple is important in determining the length of a marriage for alimony purposes and determining marital and nonmarital assets. The court may use January 6, 2015 as the marriage date rather than the actual marriage date. A party may not receive a full distribution under a shortened marriage.
Same sex divorce involving children can be complex especially if one of the parties is not the legal parent. A legal parent has an obligation to financially support his or her minor children. A legal parent has the right to share parental responsibilities with the other legal parent and exercise time-sharing with the minor child. Courts use the best interest of the child test in deciding child support, parental responsibility and time-sharing issues. Even if a nonlegal parent has a close bond with the child and a break in the relationship would not be in the best interest of the child, the court must rule according to the law. The nonlegal parent has no financial obligation or legal rights to the child.
Divorce can be an overwhelming process and hiring a nonjudgmental attorney can ease your mind. Akilah Harris, Esq. is an experienced family law attorney in Broward County, Florida.
I Successfully Represent Clients in South Florida
Help Begins With An Initial Consultation
To discuss your case with me and find out how I can help, contact me today at 954-526-9207 or by email. Evening and weekend appointments are available upon request. My fees are meant to be affordable. Payment plans are available if there are no court dates scheduled. Credit and debit cards are accepted.