Going through a divorce is never easy, but for LGBTQIA+ couples, the process can involve unique legal complexities that require specialized understanding and expertise. Whether you’re dealing with questions about parental rights, property division from a long-term relationship that predates marriage equality, or navigating custody arrangements involving assisted reproduction, you need an attorney who truly understands the nuances of LGBTQIA+ family law.
For members of the LGBTQIA community, navigating family law matters can be even more complex due to evolving legal landscapes, and the recent tidal wave of changes to state and federal laws surrounding gay marriage bring with them unique challenges for same-sex couples when it comes to divorce, property division, child custody and visitation, and adoption. That’s where Mark E. Sawicki, P.A. steps in to provide the knowledgeable, compassionate representation you deserve during this challenging time.
Mark Sawicki brings over 15 years of dedicated family law experience to LGBTQIA+ clients throughout Fort Lauderdale, Palm Beach Gardens, and all of South Florida. As a Fellow of the National LGBT Bar Association and member of the LGBTQ Family Law Institute, Mark has the specialized expertise and genuine understanding needed to protect your rights and secure your family’s future.
Understanding LGBTQIA+ Divorce Rights in Florida
LGBT divorce is legal in Florida. Since the landmark 2015 Supreme Court ruling in Obergefell v. Hodges, same-sex couples have had the same legal right to marry—and subsequently divorce—as different-sex couples. This decision made it unconstitutional to deny marriage and divorce rights based on sexual orientation, ensuring that all couples can legally dissolve their marriages should they choose to do so.
However, having equal legal rights doesn’t mean the divorce process is always straightforward for LGBTQIA+ couples. LGBT couples face unique challenges – from residency to child support to property division and beyond. These challenges require an attorney who understands both the legal intricacies and the personal dynamics that LGBTQIA+ families face.
Florida recognizes all valid marriages performed in other states, regardless of when they occurred. Suppose you moved to Florida after marrying in a state where same-sex marriage was legal before the Obergefell decision. This means your marriage is fully protected under Florida law, and you have the same divorce rights as any other married couple.
Unique Legal Challenges in LGBTQIA+ Divorces
Property Division Complexities
One of the most complex issues facing LGBTQIA+ couples in divorce involves determining the start date of the marital relationship for property division purposes. One challenge that same sex spouses commonly face when they have lived together as a committed couple for many years before they were able to legally marry is the timing of when the court should treat the union as having commenced for purposes of property division and alimony.
Many LGBTQIA+ couples lived together as committed partners for years or even decades before marriage equality became law. During this time, they may have:
- Purchased homes together
- Built businesses or careers
- Accumulated retirement accounts and investments
- Made significant financial decisions as a couple
Florida courts typically consider only marital property (acquired during the legal marriage) for division purposes. However, Mark Sawicki understands how to present compelling arguments for fair property division that considers the full scope of your relationship, not just the period after your legal marriage.
Parental Rights and Child Custody
Child custody can be a particularly sensitive issue for LGBTQ couples, especially if both parents are not legally recognized as the child’s parent. Laws concerning rights afforded to parties involved in surrogacy, adoption, IVF, and artificial insemination can affect LGBTQ couples and each of those areas is unique and complex.
LGBTQIA+ families often create their families through:
- Assisted reproduction including IVF, artificial insemination, or donor eggs/sperm
- Surrogacy agreements
- Adoption (including second-parent adoption)
- Blended families from previous relationships
These family structures can create complex custody questions when only one parent is the biological or legally recognized parent. Mark’s extensive experience in assisted reproduction law ensures that all parental relationships are properly protected and recognized during divorce proceedings.
The Divorce Process for LGBTQIA+ Couples in Florida
- Residency Requirements: To file for divorce in Florida, at least one spouse must have been a Florida resident for at least six months before filing. This requirement applies equally to all couples, regardless of sexual orientation or gender identity.
- Grounds for Divorce: Florida is a no-fault divorce state, meaning you don’t need to prove wrongdoing by your spouse. The most common ground for divorce is that the marriage is “irretrievably broken.” This approach often leads to less contentious proceedings, which can be especially beneficial for LGBTQIA+ couples who may face additional social pressures during divorce.
- Key Issues to Resolve: Every divorce involves resolving several key issues:
- Property Division: Florida follows equitable distribution, meaning marital assets and debts are divided fairly (though not necessarily equally) between spouses.
- Spousal Support: Florida recently eliminated permanent alimony, but temporary, bridge-the-gap, rehabilitative, and durational alimony may still be available depending on your circumstances.
- Child Custody and Support: If children are involved, the court will determine parenting plans and time-sharing schedules based on the children’s best interests, regardless of the parents’ sexual orientation or gender identity.
Alternative Dispute Resolution for LGBTQIA+ Couples
Going through a divorce can be tough, but there are ways to make it less stressful and more friendly, especially for LGBT couples with unique needs. One helpful way is using Alternative Dispute Resolution (ADR) strategies. These methods are often less confrontational and cheaper than going to court.
Mark Sawicki is experienced in various ADR methods that can be particularly beneficial for LGBTQIA+ couples:
Mediation
Both partners meet with a neutral person called a mediator. The mediator doesn’t pick sides or make decisions. Instead, they help guide the conversation so both partners can share their thoughts and feelings openly, without the pressure of a courtroom. This approach allows couples to maintain control over their divorce outcome while keeping costs lower and timelines shorter.
Collaborative Divorce
Each partner hires a lawyer trained in this type of divorce. Everyone agrees to cooperate respectfully and share all necessary information. The main idea is teamwork: you and your partner, along with your lawyers, try to solve all issues without going to court.
This method can be especially helpful for LGBT couples who want to create customized solutions that consider their family’s needs and future goals. For LGBTQIA+ families with unique structures or circumstances, collaborative divorce allows for creative solutions that might not be available through traditional litigation.
Why LGBTQIA+ Couples Choose Mark E. Sawicki, P.A.
Key Factor
LGBTQIA+ Focus & Credentials
Compassionate, Respectful Approach
Direct Access to Your Attorney
15+ Years of Family Law Experience
Comprehensive Family Law Services
Transparent, Fair Billing
Why LGBTQIA+ Couples Choose Mark E. Sawicki, P.A.
Member of the National LGBT Bar Association and LGBTQ Family Law Institute, with a practice intentionally centered on LGBTQIA+ families.
Your family is treated with the same care and respect Mark would give his own, with sensitivity to the emotional weight of family law matters.
You work directly with Mark, not passed off to junior associates or layers of staff
Deep experience handling complex and high-asset divorce, especially for LGBTQIA+ couples.
Divorce, custody/time-sharing, support, property division, assisted reproduction agreements, prenups/postnups, adoption/second-parent adoption, and name changes.
Clear fee structure explained in a free 20-minute consultation, with no hidden fees.
Protecting Your Family’s Future
LGBTQIA+ families often face additional challenges when it comes to legal recognition and protection. Mark understands these concerns and works proactively to ensure your family is legally protected both during and after the divorce process.
Parental Rights Protection
If you have children through assisted reproduction, surrogacy, or adoption, Mark will ensure that both parents’ rights are properly documented and protected. This might involve:
- Second-parent adoption proceedings
- Establishing parental rights agreements
- Creating comprehensive parenting plans that protect both parents’ relationships with the children
- Addressing custody concerns for non-biological parents
Asset Protection
Mark’s experience with complex property division ensures that all marital assets are properly identified, valued, and divided. This includes:
- Real estate holdings
- Business interests
- Retirement accounts and pensions
- Investment portfolios
- Personal property and collections
Future Planning
Beyond the immediate divorce proceedings, Mark can help you plan for the future through:
- Estate planning document updates
- Beneficiary designation changes
- New prenuptial agreements for future relationships
- Name change proceedings if desired
FAQs
Can I get divorced in Florida if I was married in another state?
Yes, Florida recognizes all valid marriages performed in other states, including same-sex marriages performed before the Obergefell decision. As long as you meet Florida’s six-month residency requirement, you can file for divorce in Florida regardless of where you were married. Mark can help you navigate any complications that might arise from differences between state laws.
How will property division work if we lived together for years before we could legally marry?
This is one of the most complex issues in LGBTQIA+ divorces. Florida law typically only considers property acquired during the legal marriage as “marital property” subject to division. However, there may be arguments for equitable distribution based on commingling of assets, joint contributions to property, or unjust enrichment principles. Mark’s experience with these complex property issues ensures that you receive fair treatment regardless of when your legal marriage began compared to when your relationship started.
What about custody if only one of us is the biological parent?
Parental rights for LGBTQIA+ couples can be complex, especially when children were conceived through assisted reproduction or when only one parent has a biological connection to the child. The key is ensuring that both parents’ rights are legally established before any custody disputes arise. If you haven’t completed second-parent adoption or other legal steps to establish parental rights, Mark can guide you through this process. Florida courts make custody decisions based on the child’s best interests, not the parents’ sexual orientation or gender identity
Is the divorce process different for transgender individuals?
The divorce process itself follows the same legal procedures regardless of gender identity. However, there may be additional considerations such as name changes, updating legal documents to reflect your correct gender identity, or addressing any discrimination you might face. Mark’s experience with LGBTQIA+ clients means he understands these unique concerns and can help ensure your rights are fully protected throughout the process.
How can mediation or collaborative divorce help LGBTQIA+ couples?
Alternative dispute resolution methods like mediation and collaborative divorce can be particularly beneficial for LGBTQIA+ couples because they allow for more creative solutions and keep private matters out of public court records. These approaches also tend to be less adversarial and more focused on problem-solving, which can be especially important for families with unique structures or circumstances. Mark is experienced in these methods and can help you determine if they’re appropriate for your situation.
What should I look for in an LGBTQIA+ divorce attorney?
The most important factors are specialized knowledge of LGBTQIA+ family law issues, genuine understanding of your community’s unique challenges, and experience with complex family structures. Look for attorneys who are involved with LGBTQIA+ legal organizations, have handled similar cases, and demonstrate cultural competency. Mark’s Fellowship in the National LGBT Bar Association and membership in the LGBTQ Family Law Institute demonstrate his commitment to serving the LGBTQIA+ community with expertise and respect.
Take the Next Step
As a Fellow of the National LGBT Bar Association and member of the LGBTQ Family Law Institute, Mark is committed to providing inclusive, knowledgeable representation that treats you and your family with the dignity and respect you deserve.
Disclaimer
This blog is for informational purposes only and should not be taken as legal advice. Reading this blog does not create an attorney–client relationship. Past results do not guarantee future outcomes. Sawicki Law practices in the state of Florida. Laws may vary in other states.