Fort Lauderdale Same-Sex Divorce Attorney

Same-sex couples in Fort Lauderdale face the same fundamental divorce process as any other married couple in Florida, but the path to that equality was neither simple nor fast. Because many same-sex marriages were legally recognized only after 2015, some couples have been together for decades but legally married for far fewer years. That gap between the length of the relationship and the length of the legal marriage creates real complications when courts evaluate asset division, support claims, and financial contributions made before the marriage license existed. A Fort Lauderdale same-sex divorce attorney who understands where those complications arise, and how Florida courts handle them, can make a meaningful difference in your outcome.

Broward County has one of the most significant LGBTQ+ communities in the country. Fort Lauderdale has been a gathering place for that community for generations, which means many same-sex couples here have deep roots, shared property, joint businesses, adopted children, and entangled finances built over many years. When those relationships end, the legal process needs to account for all of it, including the years that preceded the legal marriage itself. That requires careful financial analysis, a thorough understanding of Florida equitable distribution law, and in some cases, creative legal arguments about the value of pre-marital contributions.

At Sandra Bonfiglio, P.A., we work with same-sex couples in Fort Lauderdale and throughout South Florida to navigate divorce in a way that is fair, respectful, and legally sound. Whether your divorce is uncontested and both of you are ready to move forward cooperatively, or whether significant disputes exist over property, support, or children, we focus on reaching durable resolutions while keeping the process as constructive as possible.

Issues That Frequently Arise in Fort Lauderdale Same-Sex Divorces

• Pre-marriage cohabitation and financial contributions: Florida treats assets accumulated before marriage as separate property, but same-sex couples who lived together and built assets for years before legal marriage was available often have legitimate claims tied to those contributions. Courts assess these situations carefully, and documentation of shared financial history matters.
• Equitable distribution of jointly acquired property: Florida divides marital property equitably, not necessarily equally. For same-sex couples, identifying which assets fall within the “marital” period versus the broader relationship period requires detailed financial tracing, especially for real estate, retirement accounts, and business interests acquired across a long partnership.
• Parental rights when only one spouse is a legal parent: In couples where one partner carried or adopted a child but the other did not formalize a legal parental relationship, custody and time-sharing disputes can become legally complicated. Florida courts focus on the best interests of the child, but legal standing to seek time-sharing must first be established.
• Alimony under Florida’s current framework: Florida’s alimony law now limits available support types to bridge-the-gap, rehabilitative, and durational alimony. For same-sex couples where one spouse sacrificed career advancement during the relationship, including years before the legal marriage, building that factual record accurately is critical to a fair support determination.
• Retirement accounts and pension plans: Employer benefits and retirement contributions may predate legal recognition of same-sex marriage by many years. Dividing these accounts through a qualified domestic relations order requires precise legal documents and, in some cases, careful negotiation about what portion the court will classify as marital property.
• Business ownership and valuation: Fort Lauderdale’s economy supports a large number of small and mid-sized businesses. When same-sex spouses co-own or have joint financial stakes in a business, professional valuation and negotiation are necessary to reach a fair division without forcing a sale or disrupting operations.
• Interstate and international recognition issues: Some same-sex couples were married in states with earlier recognition or in foreign jurisdictions before Florida recognized same-sex marriage. These background facts can influence how the Florida court reviews the marriage’s timeline and the property accumulated within it.

Why Sandra Bonfiglio, P.A. for Your Fort Lauderdale Same-Sex Divorce

Sandra Bonfiglio, P.A. is a Fort Lauderdale-based family law firm focused on divorce, mediation, and family resolution for clients in Broward County and beyond. The firm’s approach is built around amicable resolution where possible, mediation as a tool to reduce conflict, and collaborative methods that preserve relationships and minimize the financial and emotional toll of divorce. That philosophy aligns well with what many same-sex couples want when they end a marriage: a process that respects the relationship’s history, protects both parties fairly, and avoids unnecessary courtroom conflict.

The firm handles both uncontested and contested divorce matters, which means clients have support across the full spectrum of divorce complexity. For same-sex couples where both spouses are ready to reach an agreement, the firm’s mediation and uncontested divorce services provide a structured, efficient path forward. For couples where significant disputes exist over finances, property, or children, the firm brings the same attention to legal detail to contested proceedings. Sandra Bonfiglio, P.A. serves clients from its Fort Lauderdale office at 105 South Avenue of the Arts, as well as clients in the St. Augustine area, giving the firm familiarity with both Broward County and St. Johns County court procedures.

How the Divorce Process Works Practically for Same-Sex Couples in Broward County

Divorce cases in Fort Lauderdale are handled through the Broward County Courthouse at 201 SE 6th Street. Florida requires that at least one spouse has lived in the state for at least six months before filing. From there, the process depends on whether the divorce is contested or uncontested. In an uncontested same-sex divorce, both parties have reached agreement on all key issues, including property division, any alimony claims, and if children are involved, a complete parenting plan. That parenting plan must meet Florida’s statutory requirements and will need court approval even when both spouses fully agree on its terms.

When disputes exist, the case proceeds through the contested divorce track, which typically involves financial disclosure requirements, potential depositions, and hearings before a judge. Florida mandates that both spouses complete mandatory financial affidavits disclosing income, assets, liabilities, and expenses. For same-sex couples with complex financial histories that predate the legal marriage, completing those disclosures accurately, and understanding which assets are genuinely subject to division, is a task that benefits from careful legal guidance.

One common mistake same-sex couples make is assuming that the years they spent together before legal marriage are completely invisible to the court. While Florida’s marital property framework does center on the date of legal marriage, there are circumstances where contributions made before marriage remain legally relevant. Documenting those contributions, and presenting them in a legally cognizable way, requires strategic thinking early in the process, not after the financial affidavits are already filed.

Another mistake involves parental rights. When one spouse is not a legal parent by birth, adoption, or court order, that spouse’s ability to seek time-sharing is not automatic. A same-sex divorce attorney in Fort Lauderdale can help evaluate what legal standing exists and what steps, if any, need to be taken before parenting issues can be resolved in the divorce proceeding. Waiting until the divorce is filed to address this can create delays and complications that earlier planning would have avoided.

Mediation and Cooperative Options for Same-Sex Couples Ready to Move Forward

Not every same-sex divorce requires a prolonged legal battle. For couples who are prepared to work through their differences constructively, mediation offers a structured environment to reach agreement on all issues with the help of a neutral mediator. This process is particularly valuable when children are involved, because it encourages the kind of cooperative co-parenting communication that benefits children long after the divorce is finalized.

A Fort Lauderdale same-sex divorce lawyer who also handles mediation can provide guidance through that process while ensuring that the agreements reached are legally sound, not just agreed upon in the moment. Mediated marital settlement agreements must still meet Florida’s legal requirements to be enforceable, and having an attorney review or participate in the drafting prevents costly problems down the road.

The collaborative divorce model is another option. In a collaborative divorce, both spouses and their respective attorneys commit to resolving everything outside of court, sometimes bringing in financial specialists or family counselors as needed. For same-sex couples with complex financial pictures or children who need particular care in the transition, collaborative divorce provides both legal structure and human support that standard litigation does not.

Questions Same-Sex Couples Frequently Ask Before Filing for Divorce in Fort Lauderdale

Does Florida treat same-sex divorce exactly the same as opposite-sex divorce?

Yes. Following the Supreme Court’s decision in Obergefell v. Hodges, Florida applies the same legal standards to all married couples regardless of gender. Property division, alimony, child support, and time-sharing rules apply equally. The legal process itself is identical, though same-sex couples may face specific factual complications related to pre-marriage cohabitation and parental rights that are more common in their cases.

We were together for 20 years but only legally married for 8. Does the full 20 years count?

Under Florida law, marital property is generally measured from the date of legal marriage. However, the length of the marriage is one factor courts consider in alimony determinations, and the full picture of the relationship can inform arguments about equitable distribution in specific circumstances. An attorney can evaluate whether any of your pre-marriage financial contributions are legally relevant to your particular case.

What if we were married in another state or country before Florida recognized same-sex marriage?

Florida courts will recognize lawfully performed marriages from other states and foreign jurisdictions. The date of your legal marriage, wherever it occurred, is the starting point for Florida’s marital property analysis. If you married in Massachusetts in 2008, for example, and are now filing in Broward County, that 2008 date is your legal marriage date for divorce purposes.

My spouse is the biological parent of our child. I have been the primary caregiver for years. Do I have rights to time-sharing?

This depends heavily on whether you have any legal parental status, through adoption, a court order, or another legal mechanism. Florida courts focus on the best interests of the child, but a party must generally have legal standing to seek time-sharing. If you did not formally adopt or otherwise establish legal parenthood, addressing that issue promptly, ideally before or at the start of divorce proceedings, is critical.

Can we use mediation if we have children and significant assets?

Yes. Mediation is available regardless of the complexity of the case, and in fact, Broward County courts frequently refer divorcing couples to mediation even in contested cases. Complex asset situations benefit from having attorneys present during mediation to ensure that technical issues, like retirement account division or business valuation, are handled correctly in any agreement that is reached.

How does Florida divide retirement accounts earned during the marriage?

Retirement benefits and pension plan contributions made during the marriage are generally considered marital property subject to equitable distribution. Division typically requires a qualified domestic relations order, which is a separate court order directing the plan administrator to transfer a specified portion to the non-employee spouse. The process has specific procedural requirements and varies depending on whether the plan is a 401(k), pension, or another type.

We co-own a business. What happens to it in a same-sex divorce?

If the business was started or grown during the marriage, it is likely marital property subject to division. Florida courts look at the current value of the marital interest in the business, often requiring a professional business valuation. Options for resolution include one spouse buying out the other’s interest, agreeing to sell the business and divide proceeds, or in some cases continuing to co-own temporarily with a defined exit structure. An attorney can help evaluate which approach protects your interests best.

Is there a residency requirement before I can file in Fort Lauderdale?

Yes. At least one spouse must have been a Florida resident for at least six months immediately before filing. If you meet that requirement, you file in the county where you reside, which for Fort Lauderdale residents means Broward County Circuit Court.

How long does a same-sex divorce in Broward County typically take?

An uncontested same-sex divorce where both parties have already reached full agreement can often be finalized in a matter of weeks, sometimes without a court appearance. Contested cases vary widely depending on the complexity of the financial issues, whether parenting disputes exist, and court scheduling. Cases involving business valuation, significant assets, or parental rights disputes tend to take longer and require more preparation time.

What if my spouse refuses to cooperate or delays the process intentionally?

Florida courts have tools to address uncooperative spouses, including requiring responses to discovery, setting firm deadlines, and imposing sanctions for bad-faith delay. If your spouse has been served and fails to respond, you may be entitled to a default judgment. An attorney familiar with Broward County procedures can move the case forward through the court’s case management process when one party is obstructing resolution.

Fort Lauderdale Same-Sex Divorce Representation Across South Florida

Sandra Bonfiglio, P.A. serves same-sex couples seeking divorce throughout Fort Lauderdale and across the broader South Florida region. The firm represents clients in Fort Lauderdale neighborhoods including Victoria Park, Rio Vista, Tarpon River, Colee Hammock, Lauderdale Manors, Edgewood, and the downtown core. We also work with clients in Wilton Manors, which has one of the highest concentrations of LGBTQ+ residents in the country, as well as Oakland Park, Lighthouse Point, Pompano Beach, Deerfield Beach, Hallandale Beach, Hollywood, Miramar, Davie, Cooper City, Plantation, Sunrise, Lauderhill, Coral Springs, and Coconut Creek. For clients further into Broward County, including those in Weston, Pembroke Pines, and Tamarac, the firm provides the same level of representation with full familiarity with Broward County court procedures. The firm also serves clients in the St. Augustine area through its St. Johns County practice, applying the same philosophy of cooperative, resolution-focused divorce across different court jurisdictions.

Fort Lauderdale Same-Sex Divorce Attorney Ready to Help You Move Forward

Ending a marriage is a significant transition under any circumstances. For same-sex couples in Fort Lauderdale, the legal framework is the same as for any other couple, but the specific facts of many same-sex relationships, including long pre-marriage partnerships, parental status questions, and assets built across decades, create situations that benefit from careful, knowledgeable legal handling. Sandra Bonfiglio, P.A. offers a Fort Lauderdale same-sex divorce attorney who approaches each case with genuine attention to what that couple’s situation actually requires, not a one-size-fits-all process. Whether you are looking for an amicable, mediated resolution or need assertive representation on contested issues, contact our office to schedule a consultation and discuss what your next steps look like.