Tampa Same Sex Divorce Lawyer
Same sex marriage and divorce have always been complicated issues for states. Lesbian, gay, bisexual, and transgender marriage and divorce have not always been allowed in Florida. Things changed in 2015 when the U.S. Supreme Court struck down all state laws that prohibited same sex marriage.
After this ruling, Florida passed a law that specifically recognizes same sex marriage and allows for these couples to get divorced. The process for same sex marriage and divorce is the same for heterosexual divorce.
You can get divorced in Florida even if you were legally married in another state and got married at a time when same sex marriage and divorce were not legal in Florida. Learn more about same sex marriage and divorce by contacting Westchase Law today. Our Tampa same sex divorce lawyers can answer your questions.
Same Sex Divorce Requirements
Just like for all other divorces, same sex divorces have basic requirements that need to be met. Each state is different, but for Florida, a couple must meet these requirements for divorce:
- At least one spouse must have lived in Florida for a minimum of six months.
- The petition for divorce must be filed in the county where one spouse lives.
- The couple must have legal grounds for divorce.
Note that there are just two grounds for divorce in Florida. One is the mental incapacity of a spouse, which requires the other spouse to prove this through medical evidence. The other is irreconcilable differences, which means the marriage is deemed “irretrievably broken.” Neither spouse needs to be blamed and no specific reason needs to be given as to why the marriage is broken.
Even in same sex marriages, one of the major issues is property division. Florida is an equitable distribution state, which means that under state law, all marital property must be divided equitably, or fairly, in a divorce. Marital property refers to all assets acquired during the marriage and may include the home, money, cars, and other personal property. Any property acquired before the marriage is not subject to split in a divorce. Neither are inheritances or gifts acquired during the marriage.
In determining fair property division, the court will consider factors such as:
- How long the marriage lasted
- What each spouse contributed to the marriage
- Each spouse’s economic situation
While property division issues can be highly contentious in any marriage, it’s best if couples can come to a settlement on their own. Mediation can help couples come up with solutions that meet their needs rather than having to go to court.
Contact Westchase Law Today
Same sex divorces are not that complicated. The procedures are the same as for heterosexual divorces, but still, you should get legal help to ensure you follow all the processes.
Westchase Law is ready to help. We understand that divorce is a serious matter. We understand the law and how it applies to your unique situation. Contact our Tampa same sex divorce attorneys today by calling 813-490-5211.