Boca Raton Same-Sex Divorce Lawyer
When your same-sex marriage reaches a difficult crossroads, you deserve legal representation that understands both the complexities of Florida divorce law and the unique challenges that LGBTQ+ couples may face during dissolution proceedings. At Williams & Varsegi, LLC, our Boca Raton same-sex divorce lawyer team provides compassionate and knowledgeable representation to help you navigate this challenging time while protecting your rights and interests. With over twenty years of experience in family law, our boutique firm focuses exclusively on divorce and family law matters, ensuring that you receive specialized expertise when you need it most.
Same-sex couples in Florida enjoy the same legal protections and face the same legal requirements as opposite-sex couples when it comes to divorce proceedings. However, unique circumstances often arise that require experienced legal counsel familiar with both traditional family law principles and the specific issues that may affect LGBTQ+ families. Our attorneys understand these nuances and work diligently to achieve favorable outcomes for our clients throughout Palm Beach and Broward County.
Legal Rights and Protections for Same-Sex Couples in Florida Divorce
Since the landmark Supreme Court decision in Obergefell v. Hodges in 2015, same-sex marriages have been legally recognized nationwide, including in Florida. This means that same-sex couples have the same rights to divorce, property division, alimony, and child custody as opposite-sex couples. Florida’s no-fault divorce laws apply equally, requiring only that one spouse demonstrate the marriage is irretrievably broken.
The principle of equitable distribution governs property division for all married couples in Florida, regardless of sexual orientation. Courts consider factors such as the duration of the marriage, each spouse’s economic circumstances, contributions to the marriage, and the desirability of retaining certain assets intact. For same-sex couples who may have lived together for years before marriage became legal, determining what constitutes marital versus separate property can become complex, particularly when significant assets were acquired during the relationship but before the legal marriage.
Our Boca Raton divorce attorneys help clients navigate these complexities by thoroughly analyzing the timeline of asset acquisition and relationship milestones. We work with financial experts when necessary to properly value and divide business interests, real estate, investment portfolios, and retirement accounts that may have been accumulated over extended periods.
Child Custody and Parental Rights in Same-Sex Divorce Cases
Child custody matters in same-sex divorces can present unique challenges, particularly when one parent lacks biological connection to the children or when parental rights were not properly established during the marriage. Florida courts prioritize the best interests of the child when making time-sharing and parental responsibility decisions, but same-sex couples may face additional hurdles in establishing or protecting parental relationships.
For couples who used assisted reproductive technology, such as sperm donation or surrogacy, establishing legal parentage for both spouses is crucial. If both parents’ names appear on the birth certificate and they were married when the child was born, Florida law generally recognizes both as legal parents. However, complications can arise when adoptions were not completed or when children were born before the marriage was legally recognized.
Our family law attorneys work proactively to protect parent-child relationships and advocate for parenting arrangements that serve the children’s best interests. We understand that family structures in the LGBTQ+ community may be diverse and complex, and we tailor our approach to each family’s unique circumstances while ensuring that all legal requirements are met.
Addressing Discrimination and Bias in Family Court Proceedings
While Florida law requires equal treatment regardless of sexual orientation, implicit bias or discrimination may still occur in some circumstances. Our attorneys are prepared to address these challenges head-on and ensure that our clients receive fair treatment throughout the legal process. We maintain relationships with mental health professionals, custody evaluators, and other experts who are knowledgeable about LGBTQ+ family issues and can provide valuable support when needed.
Documentation and preparation become particularly important in same-sex divorce cases. We help clients gather comprehensive records of their relationships with their children, financial contributions to the household, and other evidence that demonstrates their commitment to the marriage and family. This thorough preparation helps counter any potential bias and strengthens our clients’ positions in negotiations or court proceedings.
Our Boca Raton family lawyers also understand the importance of maintaining privacy and discretion, particularly for clients who may not be fully open about their sexual orientation in all aspects of their lives. We work to protect our clients’ privacy while ensuring that all necessary legal steps are taken to achieve favorable outcomes.
Boca Raton Same-Sex Divorce FAQs
Are same-sex divorces handled differently than opposite-sex divorces in Florida?
No, Florida law treats all married couples equally regardless of sexual orientation. The same legal standards apply for property division, alimony, child custody, and all other aspects of divorce proceedings. However, unique circumstances may arise that require specialized legal knowledge and experience.
What happens if we lived together for years before same-sex marriage became legal?
Assets acquired before your legal marriage are generally considered separate property, while assets acquired after marriage are marital property subject to equitable distribution. However, commingling of assets or other factors may complicate this analysis, making experienced legal representation essential.
Can both parents maintain custody rights if only one is the biological parent?
Yes, if both parents are listed on the birth certificate and were married when the child was born, Florida generally recognizes both as legal parents with equal rights. If legal parentage was not properly established, additional steps may be necessary to protect parental rights.
How long does a same-sex divorce take in Florida?
The timeline depends on whether the divorce is contested or uncontested and the complexity of the issues involved. Uncontested divorces can be completed in a few months, while contested cases may take a year or more. Florida requires a mandatory waiting period of twenty days after filing.
Will I need to pay alimony to my same-sex spouse?
Alimony eligibility depends on factors such as the length of the marriage, income disparity between spouses, and each party’s financial needs and abilities. Recent changes to Florida alimony law have eliminated permanent alimony and established new guidelines that apply equally to all married couples.
Can we use collaborative divorce or mediation for our same-sex divorce?
Yes, collaborative divorce and mediation are available options for same-sex couples. These alternative dispute resolution methods can help maintain privacy and reduce conflict while allowing both parties to maintain greater control over the outcome.
What if we encounter discrimination during our divorce proceedings?
Discrimination based on sexual orientation is illegal in Florida family courts. If bias occurs, your attorney can address it directly with the court and take appropriate legal action to protect your rights and ensure fair treatment.
Serving Throughout Boca Raton
- Downtown Boca Raton
- Boca West
- Broken Sound
- Royal Palm Yacht & Country Club
- Mizner Park
- Town Center at Boca Raton
- Woodfield Country Club
- St. Andrews Country Club
- Polo Club
- Boca Pointe
Contact a Boca Raton Same-Sex Divorce Attorney Today
Navigating a same-sex divorce requires legal representation that combines deep knowledge of Florida family law with understanding of the unique challenges that LGBTQ+ couples may face. At Williams & Varsegi, LLC, we provide the experienced advocacy and compassionate support you need during this difficult transition. Our boutique firm’s exclusive focus on family law means you benefit from attorneys who understand the nuances of local courts, including proceedings at the Palm Beach County Courthouse, and who have developed strategies that lead to favorable outcomes. Whether your case involves complex property division, child custody issues, or requires alternative dispute resolution methods, our same-sex divorce attorney team is prepared to protect your rights and help you move forward with confidence. Contact us today to schedule a consultation and learn how we can help you achieve the best possible outcome for your unique circumstances.
