Divorce Considerations For Same-Sex Couples In Broward County: What Makes It Different

Same-sex couples in Florida have the full right to marry and divorce under the same legal framework as all other married couples. But does that mean the process is exactly the same in every situation? Not always. There are some specific considerations that same-sex couples in Broward County may encounter that are worth understanding before moving forward with a divorce.

The Legal Foundation: Equal Rights Under Florida Law

The landscape for same-sex couples changed fundamentally with the U.S. Supreme Court’s landmark decision in Obergefell v. Hodges, 576 U.S. 644 (2015), which established the constitutional right to marry nationwide and required all states to recognize those marriages. Florida began recognizing same-sex marriages in January 2015, and today, Florida courts apply the same divorce statutes to same-sex and opposite-sex couples alike under Florida Statutes Chapter 61.

That means same-sex couples in Broward County file for divorce using the same forms, follow the same procedures, and are subject to the same legal standards as any other married couple. Residency requirements, property division rules, alimony considerations, and child custody frameworks all apply equally.

Where Things Can Get More Complex

While the law treats same-sex and opposite-sex marriages equally, the practical realities for some same-sex couples can introduce layers of complexity. Here are a few areas where unique circumstances may arise:

• Determining the length of the marriage. For couples who were in a committed relationship or a domestic partnership long before legal marriage was available in Florida, there can be questions about how courts treat assets accumulated during that time. Courts may consider the overall length of the relationship in some contexts, but what counts as “marital” property for purposes of division typically runs from the date of legal marriage to the date of filing.
• Parental rights and time-sharing. In some families, only one spouse is the biological parent of the children. Legal parentage for the non-biological parent may depend on whether an adoption took place or other legal steps were taken. This can affect how time-sharing and parental responsibility are addressed during divorce proceedings.
• Pre-2015 relationship history. Couples who were together for years before marriage became legally available may have intertwined finances, shared property, or other commitments that do not fit neatly into the standard marital property framework.
• Recognition of prior unions. Some couples entered into civil unions or domestic partnerships in other states before marrying. Whether and how those earlier legal relationships are recognized can sometimes affect divorce proceedings.

What Stays the Same

It is also worth noting what does not change. Florida is a no-fault divorce state, meaning either spouse can file for divorce without proving wrongdoing. The residency requirement (at least one spouse must have lived in Florida for six months before filing) applies to everyone. And the court’s guiding principle in any matter involving children is always the best interests of the child, regardless of the parents’ sexual orientation.

Speak with a Fort Lauderdale Family Law Attorney

Navigating divorce is challenging for any couple, and having legal guidance can make a significant difference. At the office of Sandra Bonfiglio, we work with all families in Fort Lauderdale and throughout Broward County, including same-sex couples with unique legal considerations. Contact us today to discuss your situation with our Fort Lauderdale family law lawyers and find out how we can help you move forward with clarity and confidence.

Source:

supremecourt.gov/opinions/14pdf/14-556_3204.pdf