Deciding whether to end a marriage can bring questions about your finances, your children and the life you have built together. If you and your spouse are considering divorce, you may wonder whether the process differs for LGBTQ+ couples in Florida.
In many ways, it does not. The same divorce laws apply to all married couples regardless of sexual orientation. However, your relationship history and family structure can create questions that some other couples may not face. If you were together before same-sex marriage became legal or created legal protections outside of marriage, those circumstances can affect certain parts of your case.
Legal issues that may be unique to LGBTQ+ couples
If you and your spouse were together for years before marrying, some parts of your relationship may not fit neatly within the timeline of your legal marriage. You may also have married in another state before returning to Florida. Some couples also created legal documents to protect their rights before marriage equality became available. Documents that can play a role in your divorce include:
- Domestic partnership agreement
- Power of attorney
- Health care directive
- Prenuptial or postnuptial agreement
These documents may become relevant because they can address property ownership, financial responsibilities or decision-making authority that existed before your marriage.
Property division may involve additional questions
The state follows equitable distribution rules. This means courts divide marital property fairly, but not always equally.
If you and your spouse acquired assets before marriage, the court may need to decide whether certain property counts as marital or nonmarital property. This question can arise when a couple spent years together before they could legally marry. It can also arise if you bought a home together, combined finances before marriage or own a business that existed before the marriage.
Parenting issues may require careful planning
If you and your spouse are raising children, the way you formed your family and whether both of you have legal recognition may affect your parental rights. Issues that can affect parenting matters include:
- Establishing legal parentage
- Reviewing adoption records
- Determining parental responsibility
- Creating a timesharing arrangement
Questions about parental rights can arise when one parent did not complete an adoption or establish legal parentage through another legal process.
Looking at the full picture
If you and your spouse are considering divorce, your relationship history and family structure may involve facts that deserve closer attention. The timing of your marriage, your prior agreements and questions about legal parentage can shape the issues that arise in your divorce.
Recognizing these parts of your relationship can help you better understand why some LGBTQ+ divorces involve considerations beyond the standard divorce process. This broader picture can also give you a clearer sense of the factors that may shape your case.