Naples Same Sex Divorce Lawyer

Naples Same Sex Divorce Attorney

In the vibrant city of Naples, Florida, communities along Fifth Avenue South and Port Royal thrive with inclusive spaces, such as the Naples Pride Center. In this city and the state overall, LGBTQ+ members enjoy the same right to marry as opposite-sex couples. However, just like any opposite-sex marriage, same-sex marriages can end in divorce. During this difficult time, a Naples same sex divorce attorney can be there to ensure your rights are protected.

At Shemkus Family Law, P.A., we have been fighting for the rights of our clients, no matter who they are married to. Same-sex divorces can be a complicated area of family law, and there are many unique considerations that need to be taken into account. Our attorneys are here to support your divorce journey, whatever it might entail.

Florida Requirements for Same-Sex Divorce

In 2015, the United States Supreme Court legalized same-sex marriage with its decision regarding Obergefell v. Hodges. Among the marital rights given to LGBTQ+ couples was the right to seek a divorce. In Florida, any couple who wishes to get a divorce, regardless of their sexual orientation, must meet certain requirements. These requirements include the following:

• One or both of the spouses must have resided in Florida for at least six months prior to filing for divorce.
• The divorce papers must be filed within the county where at least one of the spouses resides. For couples living in Naples, this county would be Collier County.

If neither party meets the six-month requirement, you will need to wait to file for a Naples divorce until one of you has resided in the state for six months. Only then will you be able to move forward with your desire to dissolve your marriage.

In Florida, neither party will need to establish any kind of blame but rather will simply need to acknowledge that the marriage is “irretrievably broken.” There will be no need to explain why this decision has been made or what circumstances have led you to make this decision.

However, just like in an opposite-sex divorce, if a same-sex couple seeks a divorce, there are several issues that will need to be resolved. These issues can become more complicated in the context of a same-sex marriage over an opposite-sex marriage, which is why it is important that you retain the services of an attorney who understands how these issues can impact your future.

Issues Faced by Naples Same-Sex Couples Seeking Divorce

In 2022, there were 59,000 same-sex married couples residing in the state of Florida. Unfortunately, divorce is common, and when a divorce occurs, no matter who you are married to, there are several complicated matters that will need to be sorted out. These matters include:

• Property division. In a divorce, all of the assets, items of property, debts, and savings acquired by either spouse during the marriage will need to be divided between the couple. When the couple cannot agree on this issue, they will need to look to the courts to make this decision for them. The courts will split the property according to the laws of equitable distribution and will take into account the following factors (among many others):
  • The length of the marriage
  • The income of each spouse
  • The contributions of each spouse to the marriage
• Child custody. The issue of child custody can often be complicated in same-sex divorces, especially if the couple has any biological children from a previous relationship or through reproductive technology. For example, if one spouse gave birth with donated sperm, this could lead to issues with biological parentage. Florida courts will make a decision regarding custody based on what they believe to be in the best interests of the child.
• Alimony. Spousal support, oftentimes referred to as alimony, can be sought in a same-sex divorce case. The courts will determine the need of the receiving spouse and the paying spouse’s ability to provide this support through several factors, including but not limited to:
  • The income of both spouses
  • The age and health of both spouses
  • The duration of the marriage
  • The ability of both spouses to seek future employment

FAQs

Q: What Is Considered in the Best Interest of a Child During a Divorce?

A: In a divorce, when dealing with an issue of child custody, the courts will make their determination based on what they believe to be in the best interest of the child. Factors that are considered when making this determination include the age and health of the child, the child’s relationship with their parents, the amount of time the child spends with each parent, and the parents’ respective abilities to care for the needs of their child.

Q: What Are the Options for LGBTQ+ Couples Seeking Divorce?

A: For couples who are seeking to end their marriage, no matter their sexual orientation, they may be able to seek an uncontested divorce, mediated divorce, or collaborative divorce if they can amicably reach resolutions for the issues involved in their case. However, if they are unable to do so, they have the ability to seek a more complicated and time-consuming contested divorce.

Q: Is it Important to Have an Attorney for a Same-Sex Divorce?

A: Having an attorney by your side during a same-sex divorce case is vital. Your attorney can provide you with the necessary legal support and advocacy, and stay updated on recent case law or court rulings that may impact your case. Having an attorney present in your case can help ensure that your rights are protected.

Q: Can I Seek Child Support in a Same-Sex Divorce?

A: Depending on the exact circumstances of your case, yes, you can seek child support in a same-sex divorce. Child support payments are typically awarded to a parent who receives primary physical custody of the child. In situations where the parents adopt an equal time-sharing schedule, child support can help address any financial imbalance between both households. This support can help the receiving parent pay for the daily basic needs of the child, such as food, clothing, and shelter.

Speak to a Trusted and Compassionate Same-Sex Divorce Attorney Serving Naples

No matter how long you have been together with your spouse, seeking a divorce is stressful and incredibly difficult. An LGBTQ+ divorce can be further complicated due to the issues that may arise in these cases. At Shemkus Family Law, P.A., our attorneys are here to help guide you through every step of your divorce case. Contact our offices today to learn more information on our legal services.