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Same Sex Divorce

Daytona Beach Same Sex Divorce Lawyer

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In 2015, the U.S. Supreme Court made same-sex marriages legal throughout the country. While there has been an influx of gay marriages since then, there have also been a significant amount of same-sex divorces. Similar to heterosexual couples, same-sex couples in Florida need to properly file for an official dissolution of marriage judgment with the courts. However, there are unique issues surrounding same-sex marriages, which is why it is imperative to seek legal help from an experienced lawyer.

At Buckmaster & Ellzey, we help Florida couples seek a divorce, regardless of their sexual orientation. Our Daytona Beach divorce attorney can evaluate your situation, listen to your concerns, and create a legal plan which helps you obtain the most favorable outcome in your case.

Unique Challenges to Same Sex Divorce

Florida has a variety of laws involving marriage and divorce. Now, these laws apply to both homosexual and heterosexual couples equally.

In order to file for divorce, one of the spouses must live in the state for at least six months and file in the county which either or both parties live. However, same-sex couples face special issues unique to their situation.

The following are the unique challenges same-sex couples experience in a Florida divorce:

  • Alimony – Since alimony is typically made from a husband to a wife, a judge ruling in a sex-same divorce could be hesitant to determine who will receive alimony, especially if both spouses each contributes the same amount to the family. Additionally, since the legalization of gay marriage occurred nearly four years ago, there are many couples who have been together through domestic partnerships for much longer. The judge could make a decision based on either the exact duration of the relationship or the marriage once it became legal in Florida.
  • Child custody – Although the courts consider the best interests of the child when making decisions about child custody, they often deny visitation rights to anyone who isn’t the child’s legal parent. For example, if one partner is the biological parent of the child, while the other hasn’t formally adopted the child, the former would obtain primary custody. But if both parents have legal rights, then child custody proceedings will be similar to the process endured by heterosexual couples.

Schedule a Free Consultation Today

Our Daytona Beach family law attorneys understand the special considerations applied to same-sex divorces. Due to the financial and emotional nature of divorce, we provide compassionate and personalized legal solutions to all our clients. We can help you navigate the complexities of the divorce process and help you get started on a fresh, new chapter in life.

For more information about same-sex divorce in Florida, contact us to discuss your case today.


Why Choose Buckmaster & Ellzey?

  • Client-Focused Representation
  • A Team of Compassionate Advocates on Your Side
  • Former State Prosecutor
  • 40+ Years of Collective Experience
  • Dedicated Attorneys