Tampa Same-Sex Marriage Attorney
Prior to the 2015 Supreme Court decision in Obergefell v. Hodges, same sex marriage was prohibited in Florida. However, as a result of the decision, same sex couples are now offered the same rights to marriage as those offered to opposite sex couples. Although the law on this subject is still evolving, it is generally understood that with the right to marriage comes the right to divorce, so if you recently entered into marriage or are considering dissolving your legal union, it is important to contact an experienced Tampa same-sex marriage attorney who is well-versed in these particular legal issues.
Like any couple going through a divorce, same sex couples who are dissolving their marriage are required to address certain issues, including:
- The division of marital property, including all assets and debts;
- How parenting time and responsibilities will be divided;
- Whether one spouse will receive spousal maintenance; and
- Child support arrangements.
Although many couples are able to come to an amicable agreement on these issues, others are not, which means that a court will be required to award child support or divide property as it deems appropriate. This takes a significant amount of control out of the hands of the parties, which makes it even more important for divorcing individuals to retain an experienced Tampa same sex marriage attorney who will aggressively represent their interests, whether in settlement proceedings or in court.
Although the legalization of same sex marriage gave couples the same rights regarding divorce, up until recently, same sex couples still faced a significant roadblock in regards to birth certificates issued to children born into same sex marriages, as Florida still refused to include both parents’ names on the documents. The State Department of Health argued that it did not have the authority to change birth certificate forms. As a result, only birth mothers, and not their spouses were included on the documents. However, last year the parties reached a settlement, in which the state agreed to issue corrected birth certificates to all same sex couples at no charge. Florida officials also pledged to apply the laws regarding birth certificates and state forms to same sex spouses in the same manner as they are applied to opposite sex spouses. This settlement will have an important impact on same sex couples across the state as the previous failure to include both parents’ names on birth certificates created serious complications when it came time to determine child custody.
Call us Today to Speak With an Experienced Tampa Same-Sex Marriage Attorney
At Bubley & Bubley, P.A., our legal team is sensitive to the unique issues faced by same sex couples across the state and so take great pains to stay up to date on the most recent case law regarding same sex issues. If you are a Florida resident and have questions about your legal duties and responsibilities regarding same sex marriage, divorce, or adoption, please contact us today by calling (813) 963-7735 or by completing one of our standard contact forms.