Same-Sex Divorce Attorney Orlando
Gay And Lesbian Divorce Services In Florida
New laws, new challenges. We can help.
Morgan Divorce Law Firm – Who’s in Your Corner?
- Same-sex divorce attorney Orlando – Our experience and knowledge on your side
- Same-sex divorce lawyer – Avoid the common hurdles
- Gay and lesbian divorce attorney – A healthy outcome for all
- Gay divorce lawyer – Who’s in Your Corner?
– Same-sex divorce –
Are you dealing the with the unique challenges of a same-sex dissolution of marriage?
If so, you have our empathy – and more importantly, our legal experience on your side.
Morgan Divorce Law Firm applauds the LGBT community for having won the uphill battle for marriage equality. In Florida, that fight was challenging and slow, but on January 6, 2015, with the conclusion of U.S. v. Windsor and Brenner v. Scott, same-sex marriage was legally recognized in the Sunshine State.
Marriage equality means that gay and lesbian couples can now share in the institution of marriage and all that comes with it. One of those is divorce.
Divorce can be healthy, or it can be acrimonious. It can proceed quickly, but for gay and lesbian couples, divorce equality has a few hurdles for same-sex couples seeking to end their union.
- Were you married in Florida after January 6, 2015?
- Are you a Florida resident who was married in an equal marriage jurisdiction before 2015?
- Do you know how Florida’s evolving laws will affect your divorce?
We are Morgan Divorce Law Firm … and we can help you uncover the answers.
Same-Sex Divorce Lawyer Orlando You aren’t just another divorce among many.
Your story is different.
It’s disheartening, after all the work we’ve done as a nation to create equitable standards. But the reality is that a gay and lesbian divorce attorney in Orlando will face very different challenges in the courtroom than an attorney handling a heterosexual case.
The laws as they apply to same-sex marriage have not had a chance to catch up with same-sex marriage realities.
But you deserve the same level of service as any client, and the same opportunities for emotional and financial recovery after your divorce.
Can a run of the mill divorce lawyer provide that to you? We at Morgan Divorce Law Firm believe the answer is no.
Gay Divorce Lawyer Orlando What Makes Same-Sex Divorce More Complicated?
Before 2015, all divorces in Florida were exclusively between heterosexual couples. All of the laws were written with straight couples in mind.
Florida legal minds and area law firms have been adapting since the landmark decision to recognize gay marriage – but the laws in our state are still in transition in their application to same-sex couples.
Due to the gravity the date of your marriage is given in Florida divorce laws, your rights and obligations in issues of property division and alimony are far more complex.
Furthermore, if you have children, your situation could be complicated even further by:
- Custody disputes between the co-parents
- Whether the children are adopted or produced through IVF, IUI, or other artificial means
- Issues related to the children’s paternity
- Child support concerns
Laws and precedents for these issues exist with respect to straight couples, but gay marriage is still in its infancy. While you might assume the same laws would apply, there is actually a glaring lack of precedent for judges to draw on when considering same-sex divorce issues.
Could that impact you? Yes, it absolutely could.
If you were a committed couple before you were given the legal right to marry, you fall squarely into a category of judicial uncertainty. Judges are still grappling with the inequities presented for same-sex couples on this issue.
That, in turn, can affect issues of property distribution or the amount of alimony owed because these are calculated based on the duration of the marriage.
Same-sex couples can file for divorce in a few different ways:
I. Contested Divorce – In this case, the spouses petition the court for resolution of their adversarial positions. Litigation ensues, meaning the parties attend court hearings and trials for the judge to determine all of their issues in the case.
II. Pro-Se Simplified Divorce – In what is a so-called “simplified” divorce, which presumes both spouses agree to every issue in their case, both parties file and sign documents agreeing they mutually consent to all of the terms of their divorce. There is no trial or court hearing, and neither party is represented by an attorney.
III. Uncontested Divorce – There are essentially three types of uncontested divorce: mediated, cooperative, and collaborative. Attorneys and other professionals are involved to make the process as seamless as possible.
All three are conducted in an atmosphere of respect, support, transparency, and privacy. All are intended to preserve the family’s assets and emotional well-being, and to avoid the exorbitant expense of litigation.
1. Mediated Divorce – In a mediated divorce, the parties mutually consent to hire a neutral family law mediator who assists them in negotiating the terms of their divorce and over-coming sticking points so that a mutual agreement is reached. The agreement is submitted to the court, and there are no court hearings or trials.
2. Cooperative Divorce – In a cooperative divorce, the parties are assisted by a neutral family law mediator. In addition to the mediator, the parties are also assisted by a neutral financial advisor or mental health professional, depending on what the issues in their case require.
The purpose is to help the parties arrive at a mutual agreement about their divorce without court hearings or trials.
3. Collaborative Divorce – In a collaborative divorce, the parties are represented by their respective attorneys to protect their legal rights. In addition, there are at least two other professionals involved:
(1) a neutral mental health professional, to help the couple navigate intra-marital dynamics and/or resolve issues involving their children; and
(2) a neutral financial advisor, to navigate the couple’s property division, alimony and/or child support issues. Other professionals may be involved, such as business valuators or appraisers, as needed.
The goal is to have all of the family’s legal, emotional and financial needs met and supported during the process. In so doing, the parties arrive at a mutual agreement without court hearings or trials.
Here’s How Morgan Divorce Law Firm Can Help
If you are in a same-sex marriage headed towards divorce, it is critical that you have the support of an experienced lawyer.
Even if your divorce is uncontested, there are legal realities (and inequalities) in the current Florida law that could complicate your case, and perhaps endanger you.
Morgan Divorce Law Firm offers the very best legal counsel available, with attorneys ready and willing to protect you throughout the process.
Our support is about more than simply knowing the law. It’s about participation in the community, support for LGBT businesses and organizations, and always being in our client’s corner.