Same Sex Divorce Process

Before the United States legalized same sex marriage nationwide in a U.S. Supreme Court ruling in June 2015, Florida had already recognized it since January 6th of the same year. While Florida courts had seen same sex couples lining up to get wed that very same day, judges also had to prepare for cases of same sex divorce.

In Florida, a six-month residency for either of the parties is required before filing a divorce case. The filing spouse, or the spouse requesting for the divorce, must file the case in the place either he/she or his/her partner resides. The same sex couple has to prove that the marriage is irretrievable or broken beyond repair, or that one spouse is mentally incapacitated.

Dissolution of marriage may be granted if the parties have no children and the other party does not challenge the divorce. If there are kids involved and the petition is challenged by the other party, another course of action will be pursued by the presiding judge as indicated by the governing law. When a couple has children, the court would consider actions that would work for best interest of the kids. Child custody is a complex matter as it involves mostly the legal rights obtained by the parents. In Florida, when a person is not the legal parent of a child, he/she may be denied the right to visit or take custody of the child. Complicated matters could also arise in cases of children conceived through sperm donation. Adoption could also lead to long custody battles if both parents haven’t secured legal parental rights to the child.

Like in heterosexual divorce cases, matters such as alimony and child support could also be discussed. When a person is obligated by law to provide a child financial assistance after legal proof, the amount of payment to be made can be determined. On the other hand, petitions for spousal support first need to be evaluated on a case-by-case basis since there exists no uniform formula for its calculation.


Divorce proceedings, even for same sex couples, could be tiresome, and it would be beneficial to hire experienced attorneys in family law such that these matters may appropriately be explained to both parties and the actions that would best benefit the children may be discussed. Attorney Mellany Marquez-Kelly fully understands the complexity of gay and lesbian marriage separation processes in Florida and her expertise in this field could make the whole endeavor easier for her clients. If you are looking for a family law attorney in Fort Myers or in Cape Coral, message her now for a free half-hour consultation.

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