Same Sex Divorce

A same sex divorce process is very different from typical divorce cases in family court.

A civil court decides a same sex divorce and considers the union a business partnership. If any, the court will use a written agreement on the distribution of assets and property from the couple as a guide in settling the case. Oral agreements may also be considered. However, such agreements are difficult to confirm, as the two parties often interpret details of such agreements differently. Generally, the court isn’t concerned with equality but follows an agreement, regardless if one party is favored.

Similarly to custody issues with unmarried heterosexual couples, family court will rule in a same sex divorce. However, child custody situations can be more complicated in a same-sex divorce. For example, if one partner is the biological parent of the child, and no second-parent adoption has been entered, then the parent with legal relationship will be granted custodial rights. If both partners are legal parents, then each will be granted custody rights.

Overall, the family court will consider how long the partner has cared for the child, and how involved he or she was in raising the child when determining child custody. In the State of Florida, the child’s welfare and best interest guide the court in custody and visitation decisions.