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Is same-sex divorce different?

On Behalf of | Oct 25, 2019 | Firm News |

Only a few years have passed since the United States Supreme Court made a landmark decision overturning the state bans on same-sex marriage. As you may know, Florida was one of the states that had passed such a ban. All of these bans are now unconstitutional, effectively legitimizing same-sex marriage across the country. 

That might not help you if you are considering divorce from a marriage that occurred before this Supreme Court decision. For example, if you moved from another state or if one of the Florida municipalities allowing same-sex marriage granted you partnership benefits, there could be some confusion when it comes to facing the divorce process. 

As part of a same-sex marriage, you have many of the common divorce concerns. You probably have to split up property, rectify your estate plan and determine who gets primary custody of your kids. The family home, parenting plans and child support strategies will all probably be an important part of this next step in your relationship. 

All of these issues come with their unique complications, but parenting is often the most complex. Depending on the age of your children, you may have to consider who will support them as they continue their education. If your ex plans to move out of state, you may have to devise appropriate visitation schedules that take travel costs into account. 

As mentioned on FindLaw, this can all be even more complicated when you are not sure whether the court will legally recognize your marriage. However, this is just one of the reasons why you should seek legal advice for this important transition. Please do not use this article or any other source of general information as a substitute for specific advice.