Same Sex Family Law

Now that same sex marriage has been legalized, same sex spouses are afforded the same rights when it pertains to divorce.

There have already been same sex divorces here in Brevard County. The courts will be applying existing legal principles concerning divorce to same sex couples.

The most complicated issue involves children born or adopted into the marriage.  The main concern of the court when working through issues of the children will be what is in the best interest of the child.  However, there are some situations that are more complex, especially when one of the spouses is a biological parent of the child.

Many factors will come into play.  Was the child born into the marriage?  Was the child adopted by the non-biological parent?  Was there a surrogacy contract?  Was the child born in another states and how to the laws of that state apply?

Property division, called equitable distribution, in Florida has its own set of rules.  These may be more easily applied to same sex couples, but you should know your rights.

If you are contemplating a divorce or are in need of legal counsel for another family law issue, call my office at (3321) 728-2311 or contact me online to schedule a free initial consultation.  I look forward to meeting you.