Orlando LGBTQ Same Sex Divorce Attorney
Lesbian, gay, bisexual, and transgender (LGBT) people all want the same legal rights as heterosexual folks. This means that they want to legally marry the person they love. But when that love goes wrong and they want to end the relationship, they also want the right to divorce.
LGBT divorce has not always been legal in Florida and other states. It was once illegal in Florida, but that changed in 2015, when the U.S. Supreme Court made gay marriage and divorce legal in all 50 states.
Florida passed a statute, Florida Statutes Title XLIII. Domestic Relations § 741.212, which specifically recognizes same-sex marriage. The law also allows divorce for same sex-marriages.
Have questions about gay marriage and divorce? Orlando LGBTQ same sex divorce lawyer Steve W. Marsee, P.A. Attorney at Law is highly knowledgeable of Florida divorce laws and can address your concerns.
What if You Get Married in Another State?
You can still get divorced in Florida if you married in another state. Even if you were married at a time when same-sex marriage and divorce were not legal in Florida, you will still be able to divorce as usual. Even the Florida Supreme Court has specifically ruled that divorces will still be granted for those who got married before 2015.
What are the Requirements for LGBT Divorce?
If you wish to divorce in Florida, you must follow the rules and meet the requirements that apply to both same-sex and heterosexual married couples. There are three main requirements:
- One or both spouses must have lived in Florida for at least six months prior to the divorce filing.
- The divorce petition must be filed in the county where one or both spouses currently live.
- There must be legal grounds for divorce.
While the first two requirements may be self-explanatory, you may wonder what legal grounds you may have for divorce. Since Florida does not recognize fault in a divorce, there are just two grounds for divorce in the state: mental incapacity of a spouse and the marriage being deemed “irretrievably broken.”
Proving mental incapacity of a spouse requires the other spouse to provide medical evidence as proof. “Irretrievably broken” means that both parties want to divorce because nothing can save the marriage. No spouse needs to be blamed for the divorce and you will not be required to provide a reason for wanting to divorce.
Contact Us Today
If you are gay, lesbian, or transgender and in a bad marriage, you may be confused about your options. The good news is that the process for an LGBT divorce is pretty much the same as it is for a heterosexual divorce.
Whatever your concerns, an Orlando LGBTQ same sex divorce attorney can address them. Steve W. Marsee, P.A. Attorney at Law has more than 20 years of experience handling family law and divorce cases. He can serve as an advocate to protect your interests. Schedule a consultation today to get started. Call 407-521-7171 or fill out the online form.
