As a member of the LGBTQ+ community, you may wonder what your legal rights are when it comes to marriage, divorce and other family law issues. You may also wonder how existing laws could affect a child custody situation between you and your partner.
Although same-sex marriages can still happen legally in Florida because of a Supreme Court ruling in 2015, according to The Florida Legislature, the state still does not recognize marriages between people of the same sex.
The divorce process
If you and your spouse want to get a divorce in Florida, you must follow the same legal process as a traditional couple. Same-sex couples can also choose to mediate and settle their divorce outside of the court system, or to arbitrate their case within the court system.
Same-sex child custody
If you and your spouse decide to seek a same-sex divorce in Florida, the custody determination of any children you have will depend on your parental relationship. If both you and your spouse are on the birth certificate, then the court will view both of you as the legal parents. When both parties have parental rights, custody proceedings will mimic those of heterosexual couples.
No matter your sexual orientation or your marital situation, getting a divorce and going through a custody situation can be an emotionally challenging process. Take care of your mental and emotional health at this time and remember that you have the right to dissolve your marriage and create a fair shared parenting plan.