Hiring the Right Lawyer for Your Same-Sex Divorce
With the numbers of same-sex marriages increasing over the past decade, we have seen an uptick in same-sex divorce at the same time. At Hamilton O’Neill, our clients who seek to end a same-sex marriage have many of the same concerns as other clients. They are unsure of how the divorce will affect them financially, and they could have sharp disagreements about how to divide their children’s time.
Hamilton O’Neill has stood at the forefront representing clients in same-sex marriages. Reach out to schedule a consultation if you are thinking about divorce or if you have received divorce papers. One of our divorce lawyers can meet for a private consultation here in Miami.
What to Look for in a Divorce Attorney
Anyone preparing to get divorce should hire a lawyer with experience in same-sex divorce. There are many novel wrinkles involved in these types of legal proceedings.
Custody Rights in Same-Sex Divorce
Custody can be a complicated issue for same-sex couples if:
- You used IVF or a surrogate to have a child;
- One spouse did not adopt the other’s children;
- You have a blended family;
- One spouse wants to move far away after divorce.
For example, you might be close to your spouse’s children but not have formally adopted them. You want to maintain a relationship after divorce but are not sure if that is possible.
Let us review the different legal issues involved. The law in these areas is confusing and still in a state of flux. We can review whether you can request visitation with the children or whether you need to negotiate with your spouse as part of the divorce.
Marital Property and Same-Sex Divorce
Some same-sex couples lived together or even had a “commitment” ceremony in the days before Florida recognized same-sex marriage. You might have even entered a legal domestic partnership in a different state like Vermont or California.
Your attorney will know how Florida courts characterize this property when it comes time to divide it in a divorce. This is a source of confusion for many same-sex couples.
Depending on where the property is located, one spouse might even file for divorce in a different state if its laws are advantageous to them. Your lawyer will know how to transfer a case to Florida, if necessary.
Alimony
One spouse might have made significant contributions to the other’s career before marriage. Will a court consider this energy expended when it comes time to determine whether a spouse should receive alimony? Again, what happens if you were in a domestic partnership for a decade supporting your spouse prior to marriage? Does that even matter in Florida? A lawyer with experience in same-sex divorce can analyze the state of the law.
We can review the full contribution you made to your spouse’s career and make a compelling argument regarding alimony.
Call Hamilton O’Neill Today
Unwinding a marriage is a complex process. Hire the right law firm with appropriate experience helping clients in same-sex relationships. Contact us to speak with a Miami same-sex divorce lawyer.