An emerging area of the law is how same sex marriages, relationships and children of same sex couples are treated in Family courts. While same sex relationships present novel and unique issues, especially as it relates to child custody, visitation and adoption, the basic legal principles that govern a same sex divorce are the same as they have always been. Same sex couples are legally allowed to get married and the marriages of same sex couples are simply marriages. Same sex couples are entitled to the same due process and full protection under the law as anyone else. There are obviously emerging issues that come up in a same sex divorce that are unique and can pose complications, but the law is the same. As with any divorce proceeding, the factors to consider in a same sex divorce are:
- Is the divorce contested or uncontested;
- The length of the marriage;
- The age, mental and physical condition of each spouse;
- The assets accumulated during the marriage;
- Are there any children born of the marriage;
- If there are children involved, what will the custody/visitation and child support obligations be;
- The parental responsibilities of each party during the marriage
- The respective earning power of each party in the marriage;
- The taxable income of each party;
- The contributions of each party during the marriage;
- Any other relevant factor affecting the parties.
It’s important to remember that same sex couples going through a divorce will need similar services as any other couple. There’s a trend to treat same sex divorces and the accompanying family law issues affecting same sex couples as something different or “other”. But that is the wrong approach. Same sex divorces are treated the same under the law. Having a lawyer that understands that and approaches your case from a perspective of equality and dignity will go a long way in resolving your divorce proceedings to your satisfaction.
A contested divorce is the more complex of the two. In a contested divorce, sometimes called a litigated divorce, the two spouses are engaged in a lawsuit in which they are subject to disclosure of their finances, taxes and debts, mediation, depositions and ultimately a trial. A judge will ultimately decide the issues of child custody, child support and property division, if the parties do not reach a resolution.
An uncontested divorce is when the parties are in agreement on all the major issues: child custody, child support and property division. This is obviously much easier and cheaper to attain. It is simply a matter of working with the clients to ensure that they are legally protected in the future and that the plan submitted works best for their children and themselves.
At the Kirlew Law Firm, our lawyers are experienced and highly skilled in divorce pre-suit preparation and contested divorce litigation. Our first objective in any divorce case is to get an intimate understand of our client’s needs, desires and concerns. We want to understand your family dynamic and the issues that matter most to you. It is always preferably to reach an amicable resolution in a divorce case. That will always be less stressful, less painful and less costly than a contested divorce. As your lawyers, we will help you understand your options and answer your questions. For more information on divorce proceedings, please visit the divorce section of our website
Contact Our Experienced Miami Same Sex Divorce Attorneys at 305-521-0484