Orlando LGBTQ Divorce Lawyer
Divorce is a challenging and emotional process for any couple, and LGBTQ couples in Orlando face unique legal and personal considerations when dissolving their marriage. Whether dealing with asset division, child custody, or spousal support, having an experienced Orlando LGBTQ divorce lawyer on your side can make a significant difference. Understanding the specific challenges of LGBTQ divorce and knowing what steps to take can help ensure a fair and smooth process.
Unique Considerations in LGBTQ Divorce
LGBTQ divorce presents certain complexities that may not arise in heterosexual divorces. Some of the key issues include:
Marital Length and Property Division
For many LGBTQ couples, legal marriage only became available in Florida after the 2015 Supreme Court ruling in Obergefell v. Hodges. This means that even if a couple has been together for decades, their legally recognized marriage may only span a few years. This can impact the equitable distribution of assets, as Florida courts typically divide property based on the length of the marriage. Proving financial interdependence before marriage may be necessary to achieve a fair division of assets.
Child Custody and Parental Rights
Parental rights can be one of the most complicated aspects of LGBTQ divorces. Florida law recognizes biological and adoptive parents, but non-biological parents may face challenges in asserting custody or visitation rights if they were not legally recognized as a parent. If a second-parent adoption or step-parent adoption was completed, custody and parenting time are generally determined in the same manner as in heterosexual divorces. However, if legal adoption was not completed, the non-biological parent may need legal assistance to establish parental rights.
Spousal Support Challenges
Alimony, or spousal support, is based on factors such as income, financial need, and the length of the marriage. Since many LGBTQ couples could not legally marry until recently, a short legal marriage may make it more difficult to secure spousal support, even if the couple shared financial obligations for many years. Working with an attorney who understands these nuances is essential to securing a fair alimony arrangement.
Prenuptial and Postnuptial Agreements
Some LGBTQ couples created financial agreements before marriage became legal to protect their assets. These agreements may not always be recognized as legally binding, depending on how they were structured. A divorce lawyer can help evaluate whether a prenuptial or postnuptial agreement is enforceable under Florida law.
What to Do If Considering LGBTQ Divorce
If you are considering divorce in Orlando, there are several steps you can take to prepare and protect your interests:
- Understand Your Rights and Obligations: LGBTQ spouses have the same legal rights as heterosexual spouses under Florida law, but certain complexities may require additional legal strategies. Understanding how Florida’s equitable distribution and child custody laws apply to your case is a crucial first step.
- Gather Important Documents: Start collecting financial records, including bank statements, tax returns, real estate deeds, retirement accounts, and any prenuptial or postnuptial agreements. These documents will help determine how assets and debts should be divided.
- Consider Child Custody and Support Arrangements: If children are involved, think about what custody arrangement would be in their best interest. Florida courts prioritize shared parental responsibility, but proving legal parentage may be necessary if one parent is not biologically or legally recognized. Consulting with an attorney can help clarify custody and support options.
- Evaluate Your Financial Situation: Divorce can have significant financial consequences, including changes in household income and expenses. It’s important to assess your financial needs post-divorce and determine whether you may require spousal support or need to negotiate asset division carefully.
- Consult an Experienced LGBTQ Divorce Lawyer: Having a knowledgeable attorney by your side can help ensure that your divorce is handled fairly and in accordance with Florida law. An experienced lawyer will advocate for your rights, help navigate complex legal issues, and work to achieve a favorable outcome.
Orlando Courthouse Information for LGBTQ Divorce
Divorces in Orlando are processed through the Orange County Clerk of Courts, which handles family law matters, including divorce, child custody, and alimony cases. The main courthouse for family law cases is:
Orange County Courthouse
425 N Orange Ave
Orlando, FL 32801
Phone: (407) 836-2000
The courthouse provides resources for self-represented individuals, but for LGBTQ divorces that involve child custody disputes, spousal support, or significant assets, working with a skilled attorney is strongly recommended.
How Donna Hung Law Group Can Help
Divorce can be a stressful and legally complex process, but having the right legal representation can make all the difference. The Orlando LGBTQ divorce lawyer at Donna Hung Law Group understands the unique challenges that LGBTQ couples face and is committed to providing compassionate and effective legal representation.
- Personalized Legal Strategy: Every divorce is unique, and the team at Donna Hung Law Group takes the time to understand your specific situation and develop a legal strategy tailored to your needs. Whether your divorce involves property disputes, custody battles, or alimony concerns, they work to achieve the best possible outcome.
- Advocacy for Parental Rights: For LGBTQ parents facing custody disputes, establishing legal parentage and securing parenting rights can be complicated. The attorneys at Donna Hung Law Group can help non-biological parents assert their rights and fight for fair custody arrangements.
- Asset Protection and Fair Division: Property division in LGBTQ divorces can be complex, especially if the couple was together long before marriage equality was recognized. The firm advocates for equitable distribution, ensuring that clients receive their fair share of assets and financial support.
- Compassionate Legal Guidance: Divorce is not just a legal process—it’s an emotional one as well. The attorneys at Donna Hung Law Group provide compassionate support while guiding clients through every step of the divorce process. They work to minimize conflict and, when possible, negotiate amicable settlements to reduce stress and legal costs.
- Experienced Courtroom Representation: While many divorces can be resolved through negotiation, some cases require litigation. The firm’s attorneys have extensive courtroom experience and are prepared to advocate aggressively on behalf of their clients.
Serving Throughout Orlando
- Lake Nona
- Baldwin Park
- College Park
- Winter Park
- Thornton Park
- Dr. Phillips
- MetroWest
- Hunters Creek
- Avalon Park
- Windermere
- Celebration
- Waterford Lakes
- Mills 50 District
- Audubon Park
- Conway
- South Eola
- Bay Hill
- Lake Como
- Lake Mary
- Vista Lakes
Contact an Orlando LGBTQ Divorce Lawyer Today
If you are considering divorce, you don’t have to navigate the process alone. The Donna Hung Law Group is dedicated to protecting the rights of LGBTQ individuals and ensuring fair divorce outcomes. Schedule a consultation today to discuss your case with an experienced Orlando LGBTQ divorce lawyer who understands your unique needs and will fight for the best possible resolution.
