LGBTQ Divorce Attorneys in Orlando, FL,

Guiding Clients to the Next Chapter

Love is a force so profound and all-encompassing yet delicately fragile. It often finds itself tested during a marriage. When a union encounters a rough patch, the once unshakable bond begins to wobble under the weight of life’s complexities.

The decision to get divorced, a heart-wrenching choice, is frequently met with agonizing deliberation as both parties grapple with the emotional turmoil that accompanies the unraveling of a shared life.

For members of the LGBTQ community, a divorce can be a particularly emotional experience. Not only is there the challenge of navigating a legal system that may not be as inclusive as desired, but there can also be feelings of guilt or shame about ending a marriage.

Hiring an LGBTQ-friendly divorce attorney can provide the necessary understanding and support to help those dealing with this difficult transition in life.

The attorneys at the Law Office of Erin Morse are uniquely qualified to offer representation and guidance during these challenging proceedings. We have knowledge and understanding of issues within the LGBTQ community, such as spousal rights, parental rights, and adoption rights that other attorneys may not possess.

We are adept at helping clients create solutions for themselves based on their unique needs and particular circumstances.

Speak with our team today at 407-743-6059 to schedule a consultation and let us guide you through this difficult time.

Understanding LGBTQ Divorces in Florida

Navigating the divorce process presents unique challenges for same-sex couples in Florida. At the Law Office of Erin Morse, we understand the complexities involved and are committed to guiding you through each step. Key factors to consider include:

Property Division:

Florida follows equitable distribution laws, aiming for fair—but not necessarily equal—division of marital assets. For same-sex couples, determining what constitutes marital property can be complex, especially if the relationship predates the 2015 legalization of same-sex marriage. Assets acquired before legal recognition may require careful evaluation to establish ownership rights.

This often involves detailed documentation and legal analysis to ensure that both parties receive a fair share of the marital estate, taking into account contributions made by each spouse during the relationship.

Parental Rights and Child Custody:

Establishing parental rights is crucial, particularly if only one partner is the biological or adoptive parent. Without legal adoption, the non-biological parent may face challenges in asserting or visitation rights. Ensuring both parents have legal recognition safeguards the child’s best interests during custody determinations.

Legal custody refers to the right to make important decisions about the child’s health, education, and welfare, while physical custody pertains to the child’s living arrangements and daily care. Courts prioritize arrangements that support the child’s well-being and maintain strong relationships with both parents whenever possible.

Child Support:

Obligations for depend on legal parentage. If both partners are recognized as legal parents, both may be responsible for child support. Clarifying parental status is essential to determine financial responsibilities accurately.

Child support calculations consider each parent’s income, the child’s needs, and child-related expenses such as health insurance and education costs. Florida law requires that child support arrangements serve the best interests of the child, ensuring they receive adequate financial support from both parents.

Spousal Support (Alimony):

The duration of the marriage significantly influences alimony decisions. For same-sex couples together long before marriage became legal, courts may not consider the entire length of the relationship, potentially affecting alimony outcomes.

Courts evaluate factors such as the financial resources of each spouse, the standard of living established during the marriage, and any sacrifices made by one spouse to support the other. Spousal support aims to provide financial fairness and stability post-divorce, especially when there is a disparity in earning capacities.

At the Law Office of Erin Morse, we are dedicated to addressing these unique challenges with sensitivity and professionalism. Our goal is to provide comprehensive support tailored to your specific circumstances, ensuring a smoother transition during this difficult time.

We also offer guidance on alternative dispute resolution strategies, such as mediation, which can help couples reach mutually agreeable solutions outside of court, reducing stress and preserving relationships when possible.

How is Property Divided in a Same Sex Divorce in Florida?

The division of marital property in a divorce in Florida is governed by the state’s equitable distribution laws. This means that all assets and liabilities acquired during the marriage, regardless of whose name they are in, must be divided equitably. This includes things like real estate, cars, cash, bank accounts, investments, retirement accounts, debt, and more.

To divide these assets and liabilities equitably according to state law, the court will consider the length of the marriage, contributions from each spouse to the marriage (including homemaking as well as financial), age and health of each party, economic circumstances of each party, the income-earning potential of each party, tax consequences associated with dividing up certain assets or liabilities, and more.

After considering these factors, a judge will determine what is fair for both parties. They may decide that one spouse will receive certain assets and be responsible for certain debts while the other spouse gets others. In some cases where a settlement is not possible between divorcing spouses, a judge may have to make a decision based on their best judgment regarding what is fair for both parties.

What Unique Challenges Do LGBTQ Couples Face in a Divorce?

LGBTQ couples face unique challenges when it comes to divorce proceedings. Issues LGBTQ couples often face include being denied visitation rights with their children, facing bias from judges, and having difficulty accessing joint medical benefits after the dissolution of marriage.

LGBTQ divorce attorneys are trained to understand these unique challenges and help ensure that all parties involved get the justice they deserve during divorce proceedings.

Our Orlando LGBTQ divorce attorneys are familiar with laws pertaining to same-sex marriage, parental rights, inheritance claims, alimony payments, and more – allowing us to provide effective legal counsel throughout the process. We understand the importance of protecting clients’ emotional health as well as their financial security throughout the divorce process.

When Will My Divorce Finalize?

Finalizing a divorce in Florida, including for same-sex couples, involves several important steps. Understanding the process helps you prepare for what lies ahead and make informed decisions during this challenging time.

The timeline for same sex divorce varies depending on the specifics of your case. Generally, the process begins when one spouse files a petition for dissolution of marriage with the appropriate Florida court. After filing, the other spouse must be formally notified, often through a process server or certified mail. Once notified, the respondent has 20 days to file a response.

Factors That Impact Divorce Finalization

• Agreement Between Parties: If both parties can resolve issues such as property division, child custody, child support, and alimony through negotiation or mediation, the same sex divorce may move more quickly. Disputes over these matters can extend the timeline significantly.
• Financial Disclosures: Both spouses must provide full financial documentation to ensure accurate calculations for child support, spousal support, and asset division. Failure to disclose financial information promptly can cause delays.
• Court Schedules and Hearings: If a trial becomes necessary, court availability may impact how quickly the case moves forward. The judge will need time to hear arguments, review evidence, and issue a ruling.

At the Law Office of Erin Morse, we guide clients through the divorce process with care and diligence. Whether your case is straightforward or involves contested issues, we strive to minimize delays and help you move forward with clarity and confidence.

Why Should I Hire an LGBTQ Divorce Attorney?

LGBTQ divorce attorneys are well-versed in state laws that specifically relate to LGBTQ rights, such as adoption laws, custody arrangements, and more. This technical knowledge can be invaluable during a contentious dispute as complex legal issues often arise involving these topics, which require experienced counsel to ensure that everything is handled fairly and according to law.

Our LGBTQ divorce lawyer is familiar with the current social stigmas surrounding non-traditional families. We can help you navigate these issues with greater sensitivity than a traditional lawyer, who may not understand how to best represent your interests in court or negotiate a successful settlement agreement.

By having a lawyer who understands and respects your relationship, you can rest assured that we will fight for you both in and out of court.

Request Your Initial Strategy Session

There will likely be multiple settlement negotiations between both parties and their attorneys. If this step is successful, an agreement will be drafted and finalized, which outlines the terms of each party’s individual rights and responsibilities post-divorce.

Our experienced attorneys at the Law Office of Erin Morse are prepared to negotiate and walk you through the process step by step.

Call us at 407-743-6059 today to set up your initial consultation.

During your initial strategy session, we take the time to understand your unique circumstances and goals. This personalized approach allows us to tailor our legal advice and negotiation tactics to best serve your interests.

We will discuss the key issues involved in your divorce, such as property division, child custody, spousal support, and any other concerns specific to LGBTQ couples.

Our team prioritizes clear communication and transparency, ensuring you are fully informed about the divorce process and what to expect at each stage. We also explore alternative dispute resolution options, like mediation, which can often lead to faster and less adversarial settlements.

By working closely with you from the outset, we aim to reduce stress and uncertainty, helping you navigate this challenging time with confidence and clarity. Let us be your trusted legal partner as you move forward toward a fair divorce settlement and a fresh start.