There are few things more stressful than facing the possibility of divorce. While this is true for all couples, same-sex families face some additional challenges. Same-sex marriage is still a relatively new concept under state law, and this has led to some complications that opposite-sex couples do not have to handle.
The good news is that you never have to face this challenge alone. At the Law Offices of Jason K.S. Porter, P.A., we understand how impactful the support of a compassionate divorce attorney can be. Before you attempt to navigate this process on your own, discuss your situation with a Jacksonville LGBTQ divorce lawyer.
How Does a Same-Sex Divorce Differ?
Same-sex divorce follows the same general legal process as any other divorce, but there are unique issues that can make these cases more complex. State law recognizes same-sex marriage, which means couples have access to the same divorce statutes as heterosexual spouses. However, questions often arise around property division, child custody, and spousal support due to the relatively recent history of legal recognition.
One area where complications could occur is the division of assets. For couples who lived together for years before same-sex marriage became legally recognized, it may be challenging to determine what qualifies as marital property. Courts typically divide property acquired after the marriage date, but this can feel unfair for couples who built their lives together long before they were able to legally wed.
Child custody disputes can also be more complicated. Issues of parental rights may depend on legal adoption, biological connection, or prior agreements. These factors can create challenges when determining custody and visitation.
Additionally, spousal support determinations may be affected by the length of the legal marriage versus the length of the relationship. For these reasons, same-sex divorces in Jacksonville require careful legal analysis by an attorney to ensure both parties’ rights are protected.
Alimony in a Same-Sex Divorce
Your rights extend beyond dissolving a marriage to your partner. In some situations, you will have the opportunity to seek spousal support, or alimony. This is one situation where gay and lesbian spouses are treated exactly the same as anyone else. That said, the courts will not always grant these awards freely.
A judge will only allow for alimony in certain situations. They will consider a number of factors, including:
- Your standard of living during the marriage
- Each spouse’s ability to maintain that standard
- Each spouse’s separate income and assets
- How long you have been out of the workforce
- Your ability to earn a living
An LGBTQ+ divorce attorney in Jacksonville could evaluate your situation and help you determine whether or not you might be eligible for alimony payments.
How a Divorce Attorney Could Help
There are a number of benefits that come with hiring a Jacksonville divorce attorney who has experience with same-sex couples. It could give you significant peace of mind to know that you are supported by a skilled legal team that understands the unique challenges you might face. This guidance could also help you avoid common pitfalls during the process.
More than anything, your attorney should act as an advocate. With this support, you improve your chances of getting a fair result.
Contact a Jacksonville Attorney Today for Help With Your Same-Sex Divorce
You deserve to be treated with respect, especially at a time when you may be struggling with the breakdown of your marriage. At Problems? Pick Porter!™, we understand how difficult these situations can be, and we have dedicated our careers to ensuring our clients are treated fairly as they navigate this process.
Let a Jacksonville LGBTQ divorce lawyer from our firm answer your questions and guide you into the next stage of your life. Reach out today for a consultation with our family law team.