LGBTQ Divorce

LGBTW – Same-Sex Divorce

Are you and your LGBTW same-sex spouse thinking about getting a divorce in Florida? It’s important to have an experienced family law attorney on your side. At the Law Office of John Vernon Moore, P.A, our team has vast years of combined experience handling divorce matters, including those for LGBT couples.

LGBTW Divorce in Florida

Our democracy is built on ensuring that all citizens have equal rights under the law. No one should be excluded, and human rights denied. The divorce process is basically the same for LGBTQ individuals in Florida when it comes to the distribution of marital properties and debts, retirement plans, social security payments, as well as alimony and inheritance rights.

This recent change in Florida law occurred because of the Brenner v. Scott case in which Florida’s ban on gay marriage was declared unconstitutional by the Court. Brenner v. Scott relates specifically to the same-sex divorce in Florida.

 Requirements for LGBT Divorce

There are a few basic requirements for couples wishing to get a divorce in Florida. Note that these laws apply to married couples of the same sex and heterosexual couples, and are as follows:

At least one spouse must have lived in the state of Florida for at least six months prior to filing for divorce
The petition for divorce must be filed in the county where at least one of the spouses currently live, and The couple must have legal grounds for divorce.

Keep in mind that Florida does not recognize grounds for divorce based on fault, such as cruelty or adultery. In fact, the state has just two grounds for divorce. This is based on a partner’s mental incapacity, and the other partner is expected to provide medical evidence to support the condition.

 LGBTW – Same Sex Divorce Attorney in Florida

It is in your best interest to speak with our experienced attorney to determine your rights and to what you are entitled to in a same sex divorce in Florida.  If there are children involved, then it is especially important to do so to know your rights. We at the Law Office of John Vernon Moore, P.A, offer a free consultation with an experienced and proficient divorce attorney to discuss your situation and advise you of your options.

Certain laws are known to govern the resolution of issues related to marriage and family crises in the state of Florida.