Three Common Challenges You May Face When Getting A Same-Sex Divorce In Tampa
People in same-sex relationships have fought hard to obtain equal rights. While the same laws now apply in terms of same-sex marriage, challenges often arise in same-sex divorce cases. Our Tampa family lawyer explains three common issues you must be aware of.
Issues That Could Impact Couples In Tampa Same-Sex Divorce Cases
Same-sex marriage became legal across the country via the 2015 U.S. Supreme Court decision in Obergefell v. Hodges. As a result, same-sex couples who had previously been in civil unions or living together without the benefit of marriage were finally able to wed legally. However, the fact that they had long-standing relationships prior can complicate matters if they make the difficult decision to file for a divorce in Tampa. The following are three common issues that often arise in these cases, which could end up impacting your rights, your relationships with others, and your financial well-being:
- Equitable Division Of Marital Property
In a Florida divorce, the law dictates that all marital property be divided on an equitable basis. This applies to property and assets earned, acquired, or otherwise accumulated since they legally wed and requires that it be distributed between the spouses in a manner that is reasonable and fair to both.
As same-sex couples may have been together many years prior to getting legally married, they may have accumulated significant amounts of premarital property and assets. If your name was not listed on bank accounts, real estate, or other holdings at the time they were acquired, it can prevent you from getting your fair share.
- Spousal Support, or Alimony Payments
Under Section 61.08 of the Florida Statutes, you may be entitled to spousal support, otherwise referred to as alimony in a Tampa divorce, if you made significantly less than your spouse or sacrificed your own career or education for the sake of them and your marriage. However, one of the factors a judge is likely to consider in awarding alimony payments in Tampa is the length of time the couple was legally married.
You may have been together for decades but only been legally married a short while, which could impact your rights to an alimony award. It can also impact how long you are entitled to receive these payments and the overall amount owed.
- Child Custody and Time-Sharing
Child custody is one of the most sensitive issues in Tampa divorce proceedings. Under state law, only biological and legal adoptive parents are included in child time-sharing arrangements in Florida. If you do not fall into either category, you will need to fight for your rights.
Our Tampa Same Sex Divorce Lawyer Is Here To Help
At Bubley & Bubley, P.A., we can guide you through the complex issues that often arise in same-sex divorce cases. Our Tampa same-sex divorce lawyer fights for your rights and helps you get the best possible outcome in your case. To request a confidential consultation, call or contact our office online today.
Sources:
constitutioncenter.org/the-constitution/supreme-court-case-library/obergefell-v-hodges
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.08.html
