Boca Raton Same-Sex Divorce Lawyer
Williams & Varsegi, LLC represents spouses ending their marriages across Palm Beach County and Broward County, including couples in Boca Raton, Delray Beach, Coral Springs, and Parkland, and the firm brings that same focus to every Boca Raton same-sex divorce lawyer search that leads a client to our door. We practice only divorce and family law, and that includes marriages between two husbands or two wives.
Here is the first thing worth knowing: Florida does not run a separate divorce system for same-sex couples. The dissolution statutes, the equitable distribution rules, the alimony framework, and the child support guidelines apply to every married couple the same way. The court asks whether the marriage is irretrievably broken, not whose gender or orientation is on the petition.
What does differ is the life history behind the marriage. Many same-sex couples spent years together before they could legally marry, adopted or conceived children through arrangements that were not always uniform, or built businesses and bought homes before a wedding date existed. Those facts do not change which statute governs, but they shape how a lawyer builds the case, and that is where careful preparation matters most.
How Same-Sex Divorce Works Under Florida Law
The procedural entry point is the same for every couple. At least one spouse must have lived in Florida for six months before the petition is filed. Florida requires no proof of fault. The ground is that the marriage is irretrievably broken, and the only other ground, mental incapacity, requires that a spouse has been adjudged incapacitated for at least the preceding three years. A final judgment cannot be entered until 20 days have passed since the petition was filed, though a court can act sooner if waiting would cause injustice.
In Palm Beach County, these cases are heard by the Family Court division of the Fifteenth Judicial Circuit. Broward County divorces are handled by the Family Division of the Seventeenth Judicial Circuit.
Most contested cases do not start with a trial. They start with sworn financial disclosure, a round of discovery, and then mediation, which Florida courts commonly require before a trial date. A large share of cases resolve at that stage, and the ones that do not move to a judge who decides the open issues and signs a final judgment.
Issues That Come Up in Same-Sex Divorces
- Length of Marriage and Pre-Marital Years Together: Florida measures marriage length for alimony from the wedding date to the date the divorce is filed. Couples who lived together for years before marrying often argue that those years should count in the picture. The statute’s brackets are short-term (under 10 years), moderate-term (10 to 20 years), and long-term (20 years or more), and which bracket applies can change the possible duration of support.
- Marital vs. Nonmarital Property: Florida starts from the premise that marital assets should be divided equally unless there is a reason to deviate, and each spouse’s nonmarital assets are set aside first. A home bought by one partner before the wedding, or a business started years earlier, raises classification questions that deserve close attention. The classification cut-off is generally the earliest of a valid separation agreement date or the filing of the petition.
- Parentage and Time-Sharing: Children born or adopted during the relationship raise the question of each spouse’s legal standing as a parent. Where legal parentage is secure, Florida law presumes that equal time-sharing is in the child’s best interests, and that presumption can be rebutted. Where a spouse’s parental status is uncertain, resolving it should come first.
- Alimony: Florida recognizes bridge-the-gap, rehabilitative, and durational alimony. Permanent alimony no longer exists for new cases. Bridge-the-gap is capped at two years, rehabilitative at five, and durational cannot run longer than a set fraction of the marriage’s length. The monthly amount is limited to the lesser of the recipient’s reasonable need or 35% of the difference between the spouses’ net incomes.
- Child Support: The statutory guidelines presumptively set the amount, combining both parents’ net incomes and adjusting for overnights, health insurance, and child care. A parent with at least 20% of overnights, roughly 73 nights a year, qualifies for the time-sharing adjustment. Deviations beyond five percent from the guideline number require written findings.
- Businesses, Professional Practices, and High-Value Assets: South Florida couples often own closely held companies, investment property, and retirement accounts. These require valuation, often with forensic accountants or business valuators, and the 2024 amendments to the equitable distribution statute affect how some of these interests are classified.
- Premarital Agreements: A written, signed premarital agreement is enforceable without any consideration other than the marriage, but it can be challenged for involuntariness, fraud, duress, coercion, overreaching, or unconscionability combined with a lack of fair disclosure. A child’s right to support cannot be reduced by such an agreement.
- Relocation: When a parent proposes moving at least 50 miles for at least 60 consecutive days, Florida’s relocation statute applies, and an objection must be filed in writing within 20 days after the petition is served.
Why Choose Williams & Varsegi, LLC for a Same-Sex Divorce
Williams & Varsegi, LLC is a boutique firm that practices exclusively in divorce and family law, with over 30 years of experience serving clients throughout Palm Beach and Broward County. The attorneys on your case are Katie Varsegi and Emerald Williams, and clients work directly with experienced attorneys who know their file rather than being passed along to someone unfamiliar with it. The firm handles everything from uncontested and simplified matters to high-net-worth, high-conflict litigation, and it brings extensive courtroom experience to cases that cannot settle.
For a same-sex couple, that range matters. Some marriages end cooperatively, with two spouses who want a clean, fair agreement. Others involve disputed parentage, a contested business valuation, or a spouse who has stopped disclosing finances. The firm works with forensic accountants, business valuators, and other experts when the numbers demand it, and its attorneys are skilled negotiators who also try cases when negotiation fails.
Client reviews of the firm consistently describe responsiveness and clear communication. One client said Katie made a multi-year case “smooth and less anxious,” another said Emerald Williams kept every promise made at the first consultation, and reviewers praise the staff for being prompt. The firm carries a 5-star rating from its clients.
What to Do Before and After a Divorce Is Filed
Start with documents. Gather the last several years of tax returns, bank and brokerage statements, retirement account statements, mortgage and deed records, business filings, and anything showing when major assets were acquired, since dates drive the marital versus nonmarital analysis. If children are involved, pull together birth certificates, adoption decrees, court orders, and any written parenting arrangements. Parentage paperwork is not the place for guesswork.
Next, think about the filing itself. Because one spouse must have six months of Florida residency, confirm that requirement before anything is drafted. Where you file also matters strategically; a couple living in Boca Raton will usually file in Palm Beach County, while spouses living in Coral Springs or Parkland would be in Broward. The filing spouse chooses the timing, and the responding spouse has 20 days after service to answer, so a served spouse should call a lawyer right away rather than waiting. Ignoring the papers can lead to a default.
Avoid the common mistakes. Do not move money out of joint accounts, sell or retitle assets, or run up debt, because Florida requires full financial disclosure and judges notice. Do not discuss the case on social media or share legal strategy with children. Anyone with an existing alimony order from before the 2023 reform should know that order remains in effect, though it may be subject to modification.
Plan, too, for what the process feels like. Early weeks involve disclosures and temporary arrangements for housing, support, and children. The middle is discovery and negotiation. Mediation tends to be the turning point, and then comes either a signed agreement or a trial date. A well-prepared client moves through each stage with fewer surprises.
Common Questions About Same-Sex Divorce in Boca Raton
How long do we have to live in Florida before filing?
At least one spouse must have been a Florida resident for six months before the petition is filed. If neither spouse meets that requirement, the case cannot be filed in Florida yet.
Do I have to prove my spouse did something wrong?
No. Florida is a no-fault state, and the ground is simply that the marriage is irretrievably broken. The only other ground is mental incapacity, which requires an adjudication lasting at least three years. Adultery can still be considered when a court sets the amount of alimony if it had an economic impact.
How long does a Florida divorce take?
No judgment can enter until at least 20 days after filing. An uncontested case with no children can finish in a matter of weeks, while contested cases with custody disputes or complex finances can take a year or more.
Will we split everything fifty-fifty?
The court starts from the premise that marital assets and debts should be divided equally, but it can depart from that when there is justification, and it must explain its reasoning in written findings. Nonmarital assets are set aside first.
Do the years we lived together before marrying count?
Florida measures marriage length for alimony from the wedding date to the filing date, so pre-marital years do not count automatically. They can still be relevant as part of the overall financial picture, so the details should be reviewed with a lawyer.
What alimony is available now?
Temporary alimony during the case, plus bridge-the-gap, rehabilitative, and durational alimony afterward. Permanent alimony was eliminated for cases filed under the 2023 reform, and durational alimony cannot be awarded after a marriage lasting less than three years.
My spouse is the legal parent of our child and I am not. What happens?
Your standing depends on how the child came into the family, such as adoption or a legally recognized parentage arrangement. This is a threshold issue that should be addressed immediately, because time-sharing and support only follow from established parentage.
Can a premarital agreement be thrown out?
Only if the challenging spouse proves it was not signed voluntarily, was the product of fraud, duress, coercion, or overreaching, or was unconscionable and they were not given fair disclosure of the other’s finances. Otherwise it is enforceable as written.
Can my spouse move away with our child during the divorce?
Relocation under the statute means a move of at least 50 miles lasting 60 or more consecutive days. If a parenting plan is in place, the move generally needs agreement or court approval, and an objection must be filed in writing within 20 days of being served with the petition to relocate.
If we agree on everything, do we still need a lawyer?
An agreement still needs to cover assets, debts, support, and any parenting plan in a way a judge will approve. Having a lawyer review it catches problems, such as an unclear asset classification, before they become permanent.
Can a support order be changed later?
Yes, but modifying a parenting plan requires a substantial and material change of circumstances, and child support changes generally require a significant difference from the guideline amount. Alimony modification depends on the type awarded and the statute that governed it.
Serving Same-Sex Divorce Clients Across Palm Beach and Broward County
Our work for Boca Raton clients extends along the Palm Beach County coast and inland, including Delray Beach, Boynton Beach, Highland Beach, Lake Worth, and Wellington, and north toward West Palm Beach and Palm Beach Gardens. We also represent spouses across Broward County, from Parkland and Coral Springs to Deerfield Beach, Pompano Beach, Margate, Coconut Creek, Fort Lauderdale, Plantation, and Hollywood.
Talk With a Boca Raton Same-Sex Divorce Attorney
If your marriage is ending, the earlier you understand your financial position and parental rights, the better your decisions will be. A Boca Raton same-sex divorce attorney at Williams & Varsegi, LLC will review your situation candidly, explain what Florida law means for your specific facts, and map out a plan, whether that is a cooperative resolution or a contested case headed for court. Call to schedule a consultation.
