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May 24, 2018.
posted in Divorce

On behalf of The Law Office of Gustavo E. Frances, P.A.

In 2015 Florida gave all LGBT couples the right to marry, a big milestone in LGBT rights and a huge victory for LGBT advocates and communities. However, even though Florida law has made leaps and bounds when it comes to the laws of LGBT communities, grey areas still exist. One of these hurdles is divorce.

The Hurdles of Divorce in Same Sex Marriages

Even though the official right to get married was given to the LGBT community initially in 2015, this was immediately challenged.  The problem that arises is that most same-sex relationships have been established a long time before 2015, and Florida law does not consider the time spent as a couple before the date of marriage. In other words during divorce proceedings and splitting of assets, the time period a couple spent cohabiting is not counted so any assets that are acquired in the time are counted as separate properties, not community ones. Basically, Florida does not consider common law marriage.

Grounds Under Which Divorce Can Be Achieved

Whether you are a same-sex or different-sex couple, a divorce can be achieved if there are irreconcilable differences. The reasons for these differences do not need to be made clear or stated. To be able to apply for the divorce in Florida one half of the couple splitting up needs to have been living in the state for a minimum of six months, and they must also have been living in the county in which divorce is applied for, for at least three months. If a couple was initially married in Florida and then proceeded to move from the state they are allowed to apply for divorce in the county in which they received their marriage license.

Divorce in Florida For Same-Sex Couples

When a same-sex couple seeks to dissolve a marriage and a partnership, just like opposite-sex couples they must consider all the things other couples encounter such as asset division and child custody. If a couple was in a domestic partnership before they married they must answer questions about this to the court. The parties involved will need to provide documentation of all the assets and debts accrued in the duration of the marriage and partnership. Generally, this will be split equally between both parties in accordance with the community property rule.

Contact A Florida Divorce Attorney

It is strongly advised by experts to consider getting a prenuptial agreement especially if you are half of a same-sex couple, due to all the grey areas around the dissolution of a marriage and partnership. It is also due to these reasons of very high importance that you seek the assistance and advice of a Fort Lauderdale divorce lawyer to aid you through the process. A divorce lawyer in Fort Lauderdale will ensure you get exactly what you deserve. Find out your best options for divorce in South Florida by contacting The Law Office of Gustavo E. Frances P.A. Call our offices at 954-533-2756 to get a free consultation.

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