Same Sex Divorce Lawyer in Orlando Serving the LGBT Community


The State of Florida has recognized same sex marriage as lawful. Accordingly, Florida has decided (after the Supreme Court decided on the legality or legitimization of gay marriage) that same sex divorce may be heard by Florida trial courts. If you are seeking to be granted a dissolution of a gay marriage, call the Jacobs Law Firm, Same Sex Divorce Lawyer in Orlando, serving the LGBT Community for the help you need. 

The statutes that govern traditional divorce legal issues apply to same sex divorce cases governing issues such as alimony and custody. However, it is important to know that custody matters among same sex couples can present unique challenges. For example, the parties’ children may be biologically related to one of the same sex parents or perhaps unrelated to either of the parents. Often, in this scenario, the children will be adopted by one or both of the nonbiological parents. If the adoption was not completed before the parties filed for divorce, their custody rights may be even more complex and uncertain. The reality is that same-sex marriage and divorce is new, there is little precedent that clearly addresses the issues that confront same sex couples. This is one reason you should call a Same Sex Divorce Lawyer in Orlando Serving the LGBT Community.

For a Florida Court to grant a dissolution of marriage with minor children, a written time-sharing plan is required. Simply stated, time-sharing is the amount of time each parent spends with the kids. Florida Statute § 409.25633 states that the best interest of the child (not the parent!) is the primary objective of a time-sharing plan. Further, the Statute states that there is no presumption for or against either parent when creating a plan. This particular clause should apply to both parties in a same sex divorce, whether or not the child is biologically related to one or neither parent. 

Also affecting time-sharing will be factors such as child support. A same sex divorce lawyer in Orlando will need to pay careful attention to the implications of time-sharing and child support. According to sub-section 3 of the Statute, if a parent is paying child support, he or she is entitled to time with their children. Florida Statute § 61.29 states that both parents are legally obligated to financially support their minor children. In some cases, a non-biological parent may seek to terminate their parental rights which will release their financial obligation, and in same sex divorce cases, this happens by choice and can occur by Court ruling even if objected to. 

If you are seeking to obtain a same sex divorce in Orlando or anywhere in Central Florida, you deserve the same respect and rights as any other couple. If you and your spouse have children, it is especially crucial that custody/time-sharing is fair to all parties. Whether you are in the beginning phases of ending your marriage or seeking to modify an existing time-sharing agreement, call the Jacobs Law Firm for help. Interpreting the statutes in a way that does not discriminate against either party will require strategy and a sensitive balancing of interests. In some cases, collaborative divorce may be an alternative to a contentious, court-driven resolution. 

Attorney Jonathan Jacobs  is a same sex divorce lawyer in Orlando Florida serving the LGBT

Visit https://www.jjlawfl.com/

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