Same-sex divorce in Florida follows the same statutory framework as all other dissolution of marriage cases under Chapter 61, Florida Statutes. However, unique legal and factual issues often arise involving parental rights, asset division, and out-of-state marriage recognition.
Experienced legal representation is critical to ensure that your rights are fully protected.
The Law Office of Tiffany M. Hughes, P.C. represents clients in same-sex divorce proceedings throughout Southwest Florida and the greater Tampa Bay region, including but not limited to, Sarasota County, Manatee County, Charlotte County, DeSoto County, Lee County, Hillsborough County, and Pinellas County. Every consultation is conducted directly with a licensed Divorce and Matrimonial Law Attorney — not a salesperson, not a case manager, and not an intake team.
Following the United States Supreme Court’s decision recognizing same-sex marriage nationwide, Florida courts apply identical divorce statutes to same-sex couples.
However, certain issues may require additional legal analysis.
Common complexities include:
Careful legal evaluation ensures fair outcomes.
When children are involved, the court determines parental responsibility and timesharing based on the best interests of the child.
If both spouses are legal parents, custody determinations proceed under standard Florida statutes.
If one spouse is not a legal parent, additional proceedings may be necessary to establish or protect parental rights.
Florida applies equitable distribution principles in same-sex divorce, dividing:
Complex financial structures may require valuation and tracing.
Alimony determinations are governed by Section 61.08, Florida Statutes, and are based on:
The same statutory factors apply regardless of gender.
Is same-sex divorce treated differently in Florida?
The legal framework is the same, but unique factual issues may arise.
Can a non-biological parent seek custody?
Only if legally recognized as a parent or through appropriate legal proceedings.
Does cohabitation before legal marriage count toward alimony?
Generally, the legal duration of marriage controls, though factual history may be relevant in some contexts.
If you are facing a same-sex divorce, experienced legal representation ensures your financial and parental rights are fully protected under Florida law.
Contact The Law Office of Tiffany M. Hughes, P.C. to schedule a confidential consultation regarding same-sex divorce in Florida.
180 North Stetson Avenue, Suite 3500
Chicago, Illinois 60601
1201 6th Ave W STE 100 Unit #677 Bradenton, Florida 34205
