Common Issues That May Complicate Fort Lauderdale LGBTQ Divorce

LGBTQ couples have often had to overcome numerous obstacles to be together, which can make their commitment even stronger. However, they are not immune to problems that are common during married life and can potentially damage their relationship.

For those considering an LGBTQ divorce in Florida, it is vitally important to be aware of complex issues that are likely to arise. Our Fort Lauderdale divorce attorney explains factors that could potentially complicate your case.

Considering Ending Your Marriage? Issues To Be Aware Of In A Fort Lauderdale LGBTQ Divorce 

Obergefell v. Hodges is the historic 2015 U.S. Supreme Court case that finally legalized same-sex marriage in Florida and throughout the United States. Today, there are LGBTQ couples in Fort Lauderdale who were in a committed relationship long before the landmark ruling. Legally wed for nearly a decade, they find themselves now facing the prospect of a divorce.

The same Florida Statutes apply when an LGBTQ couple seeks a divorce as they do in any other case. But, if you are considering ending your marriage, there are important issues to be aware of that could complicate legal proceedings and potentially impact your rights long after a final divorce order. These include:

• Division of marital property and assets: While filing a divorce petition through the Broward County Family Court, you must provide a list of assets earned or acquired during the marriage, which is subject to equitable division. However, LGBTQ couples may have been together and accumulated assets long before same-sex marriage was legal, but it is still technically ‘pre-marital’ property.
• Spousal support awards: You may be entitled to spousal support in Fort Lauderdale if you make a lot less than your spouse or you sacrificed your own career or education for theirs. However, once again the length of your marriage may be a factor in determining whether it is warranted and the amount you receive.
• Child custody and time-sharing: Child custody is often one of the most highly contested issues in a Fort Lauderdale divorce, and these proceedings can be potentially heartbreaking in cases involving LGBTQ couples. If you are not the biological or legally adoptive parent, it could jeopardize your rights to your child.

To Protect Your Rights, Contact Our Fort Lauderdale LGBTQ Divorce Attorney

Florida is a conservative state. While same-sex marriage has been legal for over a decade, the LGBTQ community still faces numerous challenges. Unfortunately, practical issues can arise when filing for a divorce in Fort Lauderdale that can impact your rights, now and for years to come. To protect yourself, you need someone with proven experience and legal skill on your side.

Fort Lauderdale divorce attorney Sandra Bonfiglio is respected in the LGBTQ community and acts as a strong ally when navigating state laws that impact you and your family’s rights. You can count on us to provide not only caring support but the highly skilled and knowledgeable legal representation you need to get the best possible outcome in your divorce proceedings. Give us a call or contact our Fort Lauderdale online to request a consultation today.

Sources:

supremecourt.gov/DocketPDF/21/21-476/227884/20220614132338901_42501%20pdf%20Goldstein.pdf

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/0061.html

browardclerk.org/Divisions/Family