Same-Sex Divorce Attorney In Fort Lauderdale

Dedicated Representation For Complex Legal Proceedings

Since January 2015, the state of Florida has legally acknowledged same-sex marriages. However, as with any marriage, sometimes a divorce is inevitable. At Lorri K. Fishman, P.A., I am here to answer all your questions regarding same-sex marriage and divorce.

I am sensitive to the needs of the LGBT community and the issues that can affect same-sex divorces. Call today at 954-928-9832 for a free initial phone consultation.

What Are My Rights?

You are legally entitled to the same rights as every other couple in the United States. This means that same-sex couples have the same complications, challenges and issues that affect every other U.S. citizen.

This means that before your divorce is finalized, you will have to come to an agreement on the following matters:

• Alimony
• Child custody
• Child support
• Division of property and assets

How Can A Fort Lauderdale Divorce Attorney Help Me?

Lorri K. Fishman, P.A., encourages you to have legal representation during your divorce since the process can become very messy, especially when your family, your assets and your future are involved. Retaining the services of a Fort Lauderdale divorce lawyer can help make sure your rights are always heard, in and out of the courtroom. I will work diligently to provide you with the representation you need.

Understanding Florida’s Same-Sex Divorce Laws

Florida law treats same-sex and opposite-sex marriages equally. When you file for divorce, the court applies the same basic rules to your case. You have the same legal rights and face the same general requirements.

The state uses equitable distribution to divide marital property. This means the court seeks a fair division of assets and debts. The division is not always equal. You can also resolve your divorce through mediation, collaborative divorce or litigation. When deciding issues such as alimony, the court may consider the length of the marriage, as well as each spouse’s finances and contributions.

Unique Challenges In LGBT Divorces

Same-sex couples may face some unique issues during divorce. If you married in another state, Florida courts may recognize the marriage if it was valid where you married. This may raise questions about how the length of the marriage affects alimony.

Couples who lived together before marriage may also face issues with property. They may need to establish who owns property they acquired before the marriage. Domestic partnerships can also involve different legal rights than marriage. These differences may create additional issues when a couple separates.

Parenting disputes can become more complex when one parent is not biologically related to the child. Under Florida law, a nonbiological partner in an unmarried couple or a nonbiological spouse who did not adopt a child born prior to the marriage generally lacks standing to seek parental responsibility or timesharing.

However, if a child is born during a valid same-sex marriage, Florida law applies a legal presumption of legitimacy, recognizing the nonbiological spouse as a legal parent. Adoption is still recommended for maximum legal certainty, but it is not the sole avenue to legal parentage for children born during the marriage.

What If The Courts Do Not Recognize My Marriage?

As long as you followed the proper protocols while filing for your marriage license, the court will have to recognize your marriage and divorce, giving you the same rights as any other marriage. Lorri K. Fishman, P.A. works to make sure that your rights are protected.

I, a Fort Lauderdale divorce lawyer, Lorri K. Fishman, have over 25 years of experience, and I am ready to help you with your legal needs. Because I have a boutique law firm, I dedicate my time and attention to personal service. I even give out my cell number to clients and make myself available when they need it most. Give me a text and I will be able to help you, day or night.

For questions about same-sex divorce issues, put your trust in a knowledgeable firm. I can be reached at 954-928-9832.