Same-Sex Divorce

At Adams, Luka & Benton P.A., we understand that divorce is rarely easy, especially for same-sex couples who have often faced unique legal and social challenges throughout their relationships. While same-sex marriage is now recognized in Florida and across the United States, same-sex divorce can still come with its own set of complexities. Our firm represents clients in Orlando and the surrounding areas who are navigating same-sex divorce, ensuring that your rights are protected and your future is secure.

Our attorneys offer compassionate, knowledgeable guidance through every stage of your divorce, from the initial filing to final resolution. Whether your divorce is uncontested or highly contested, we approach your case with the skill and sensitivity it deserves.

Since the 2015 U.S. Supreme Court ruling in Obergefell v. Hodges, same-sex couples have had the same right to marry as opposite-sex couples. That ruling also ensures the right to divorce. However, because the legal recognition of same-sex marriage is still relatively recent, many couples face unique legal questions, especially when a long-term relationship existed before marriage became legal.

Some same-sex couples lived together and built lives as committed partners for years before being allowed to legally marry. This can complicate divorce matters, particularly regarding property division and alimony, because Florida law generally looks at the duration of the legal marriage when making those decisions. Courts may not factor in the length of the relationship prior to the official marriage unless strong arguments and documentation are presented.

Florida law requires that one of the spouses must have lived in the state for at least six months before filing for divorce. The divorce petition is filed in the circuit court in the county where either spouse resides. The process is the same for same-sex and opposite-sex couples.

If both parties agree on the terms of the divorce such as property division, spousal support, and if applicable, parenting arrangements, the divorce may proceed as uncontested. However, if there are disagreements, the divorce becomes contested and can take more time and require court intervention.

Florida follows the principle of equitable distribution, which means marital assets and debts are divided fairly but not necessarily equally. Only property acquired during the legal marriage is presumed to be marital property unless otherwise agreed by the parties.

This is one of the most complex aspects of same-sex divorce. For example, many same-sex couples purchased homes or shared other assets long before marriage was legally recognized. If the home was bought prior to the marriage but both names appear on the deed, or both parties contributed to mortgage payments or improvements, disputes can arise over who is entitled to what. In such cases, detailed financial records, agreements, and a strategic legal approach are essential to achieving a fair outcome.

Our firm frequently works with financial experts to trace contributions to property, assess appreciation of value, and ensure your interests are protected during this phase of the divorce.

Florida law allows for various types of alimony, including bridge-the-gap, rehabilitative and durational alimony. The amount and duration are determined based on a variety of factors, such as the length of the marriage, the financial need of one spouse, and the ability of the other to pay.

In same-sex divorces, one of the most contentious issues is whether the court should consider the length of the entire relationship, including the years prior to legal marriage, when determining alimony. While some judges may be sympathetic to these long-term partnerships, others may strictly adhere to the legal marriage date.

At Adams, Luka & Benton P.A., we understand how to make compelling legal arguments that highlight the length and interdependence of your relationship, even before marriage was legally possible. If you are seeking alimony or defending against a claim, we will thoroughly present your position to the court.

When children are involved in a same-sex divorce, the legal issues can be particularly sensitive and complex. Florida no longer uses the terms “custody” or “visitation,” instead referring to “parental responsibility” and “time-sharing.” The courts prioritize the best interests of the child in determining how parenting responsibilities and time are allocated.

In heterosexual marriages, both parents are usually recognized as legal parents, but in same-sex marriages, this isn’t always the case. For example, one parent may not be the child’s biological or adoptive parent. If no formal adoption occurred, that parent may not have legal rights to the child even if they have raised the child since birth.

In such situations, the legal parent could, in theory, deny the other parent access or time-sharing. Our attorneys are familiar with how to approach these cases and may advise taking steps such as second-parent adoption during the marriage to strengthen your rights.

If both parties are legal parents, then time-sharing and parental responsibility will be decided using the same legal standard as any other divorce, with an emphasis on the child’s best interests.

Same-sex couples who entered into prenuptial or postnuptial agreements may find that these documents become highly relevant during divorce. These agreements can clarify how assets will be divided, how debts will be handled, and whether spousal support will be paid.

Our attorneys will carefully review any existing agreements to determine their enforceability. Not all agreements are automatically valid; they must meet certain legal standards, such as full disclosure and fairness at the time they were signed.

If you are considering a divorce and have a prenuptial or postnuptial agreement in place, we will analyze how it may impact your rights and obligations. If necessary, we can challenge or defend the validity of the agreement in court.

Many same-sex couples married in other states before Florida recognized same-sex marriage. Others entered into domestic partnerships or civil unions that were legally binding in another jurisdiction. These legal relationships may require special handling during a Florida divorce.

Florida recognizes out-of-state same-sex marriages for purposes of divorce. However, if you had a civil union or domestic partnership instead of a formal marriage, it needs to be determined whether Florida can legally dissolve that relationship. In some cases, you may be required to seek dissolution in the state where the legal union was formed.

If your case involves legal recognition across state lines, Adams, Luka, & Benton can help you navigate those jurisdictional issues.

In addition to the legal complexities, same-sex divorce often involves heightened emotional and social dynamics. Some clients may experience judgment or lack of understanding from those unfamiliar with LGBTQ+ relationships. Others may be concerned about how their divorce will affect their role in their community or with their children.

At our firm, we recognize that divorce is not just a legal process—it is also deeply personal. Our team provides not only legal representation but also respectful guidance and support through this difficult time. We are proud to serve LGBTQ+ clients in Orlando and surrounding Central Florida communities with the dignity and compassion every client deserves.

If you are facing the end of your marriage, you need an attorney who understands the specific challenges same-sex couples often encounter in Florida divorce proceedings. Whether it's ensuring you get a fair share of the assets, protecting your relationship with your children, or securing appropriate support, we are here to advocate for you.

The attorneys at Adams, Luka & Benton P..A., bring decades of experience and a commitment to excellence in family law. We know the courts, the process, and how to develop effective strategies tailored to your situation.

If you are considering a same-sex divorce in Orlando or anywhere in Central Florida, Adams, Luka & Benton P.A. is ready to help. We offer personalized legal representation that acknowledges your history, values your future, and defends your rights at every step.

Schedule a consultation today with one of our experienced family law attorneys. Let us help you move forward with clarity and confidence.