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.


 

Same Sex Divorce

At Buckmaster & Ellzey, we have the skills and experience you deserve. Get to know our team by scrolling down and select the staff you would like to learn more about.

Frequently Asked Questions

  • Q: If I’ve Been Arrested, What Rights Do I Have?
    A: In our country, being arrested does not deprive you of the many rights you have as a citizen. When you were arrested, you should have been informed of your Miranda Rights. You may ask the police officer why you are being arrested and can refuse to answer questions regarding the charges. You have the right to an attorney and the right to a fair and speedy trial. Using a qualified and experienced Daytona Beach criminal defense attorney will work to your advantage in ensuring your rights are protected.
  • Why Should I Hire an Attorney to Represent Me?

    In the case of Buckmaster & Ellzey, we have prosecuted thousands of cases as an Assistant State Attorney. On the side of criminal defense, we have defended hundreds of individuals, such as you, that have faced charges for criminal offenses. Having served on both sides gives us a unique opportunity to fight for our clients.

    We understand how prosecutors operate, the types of evidence that they will bring forth and what arguments they are likely to pursue in a criminal case. This first-hand knowledge allows us to better prepare and successfully resolve cases.

  • What Are the Differences Between a Misdemeanor and a Felony?
    Generally, misdemeanors are considered minor offenses. The fines for them will be relatively small and any time spent in jail will be in terms of weeks or months, not years. A felony conviction can result in steep fines, probation, parole and prison sentences for years. They can remain on your permanent record and may adversely affect future educational and employment opportunities. With the assistance of an attorney who is willing to aggressively defend your rights, felony charges can sometimes be reduced to misdemeanors.
  • What Happens Now That I’ve Been Charged With an Offense?
    The first step will be what is known as an arraignment. A judge will tell you the charges against you and there are many decisions that will need to be made at this time, such as how you will plea to the charges, what bail will be set at and others. We understand that facing criminal charges can be tough and would like you to take advantage of our experience to help you successfully navigate through the criminal justice system.
  • How Are Child Support and Alimony Calculated in Florida?
    If you are going through a divorce, you may be concerned about how much child support or alimony you can receive or will be expected to pay. Alimony is ordered to ensure that both spouses have an equal opportunity of maintaining the same standard of living they enjoyed during the marriage. The higher-earning spouse makes payments to the lower-earning spouse. The amount of the payment is determined based on one party’s need and the other party’s ability to pay. This involves the consideration of a variety of factors, including the length of the marriage, each party’s contribution to the marriage, and the ability of the unemployed spouse to obtain work. Child support, on the other hand, is determined based on Florida’s statutory guidelines. To calculate a child support payment, the court considers the total income of both parties, minus any deductions. The child support order is ultimately determined by what amount is needed to cover the child’s basic living expenses, including food, shelter, childcare, education, and healthcare.

Client Testimonials

Read What Our Past Clients Had to Say
  • Well-Versed in the Legal Process and Protocols

    “He is well-versed in the legal process and protocols. Fortunately, the criminal complaint made against me was frivolous and without merit. Even so, I was able to sleep much better knowing that Jeremy was in my corner.”

  • They Had My Back

    “Not every case works in your favor but knowing you have the right attorney to fight on your behalf is vital. Thankfully having Buckmaster & Ellzey have my back was a success.”

  • Diligently and Highly Professionally

    “Mr. Buckmaster was thorough in explaining legal jargon and procedures that were very alien to me. He was able to suggest my best courses of action and get my charges to a more manageable place so I could have a shot at a good future in society.”

  • Professional & Responsive

    “They were knowledgeable, prompt, professional, and courteous. They took what could be a potentially confusing situation and guided me with stress-free assistance.”

  • Gets the Best Results

    “Jeremy worked hard and smart to get only the best results. Another thing that stood out and was most appreciated was the excellent communication, by phone, email, regular mail, and in person. I always knew what was going on in a timely and efficient manner”

Why Hire B&E?
Here are Five Reasons

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

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