Gay Divorce Lawyer Serving Gainesville, FL
15+ years’ experience, 8 licenses, and 4.9/5 Reviews
Why Work With Mark E. Sawicki, P.A.
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Work directly with Mark, a divorce and family law attorney with 15+ years’ experience.
Gay Divorce in Gainesville: What Makes These Cases Different
Divorce is hard for anyone. For same-sex couples it often comes with a complication nobody warns you about: the law only began recognizing your marriage in 2015, but your life together may have started years before that. As a gay divorce lawyer in Gainesville, FL with 15+ years’ experience, that gap is usually the first thing I look at.
The Problem With the Date on the Certificate
Florida divides marital property equitably, and it generally looks to the legal date of marriage to decide what counts as marital. For a couple who bought a house together in 2009 and married in 2015, that distinction can be worth a great deal.
The same issue shows up with parenting. If only one of you is a biological or adoptive parent, the other’s relationship with the child may not be as legally secure as daily life suggests. Where a second-parent or confirmatory adoption was completed, that question is largely settled. Where it was not, it needs attention early rather than late.
Neither of these makes a case unwinnable. They make it a case that should not be handled by someone encountering the issue for the first time. My practice is built around LGBTQ+ family and reproductive law, and I have been doing this for more than 15 years across 8 state licenses.
Filing for Divorce in Alachua County
The mechanics are the same for every couple in Florida. Knowing them ahead of time makes the process feel a lot less opaque.
What the Court Requires
Florida is a no-fault state. You do not have to prove wrongdoing — the petition simply states that the marriage is irretrievably broken. One spouse must have lived in Florida for at least six months before the case is filed.
Alachua County cases are heard in the Eighth Judicial Circuit, which also covers Baker, Bradford, Gilchrist, Levy and Union counties. Family cases are filed with the Clerk of Court in Gainesville.
Both spouses exchange financial disclosure. If you have minor children, Florida requires each parent to complete a state-approved parenting course and the court to approve a parenting plan, and most contested cases go to mediation before a judge hears them. Timelines vary widely depending on how much the two of you already agree on.
Get a Free 20-Minute Consultation with Mark
Facing divorce, custody, or family issues? Mark Sawicki offers compassionate, determined guidance to help you move forward.
Serving Gainesville and North Central Florida
I am licensed to practice throughout the State of Florida — one of 8 jurisdictions where I hold a license — with offices in Fort Lauderdale and Palm Beach Gardens. In a same-sex divorce, what decides the outcome is rarely proximity. It is whether your attorney has handled the issues your case actually turns on.
What the Court Will Need From You
Alachua County dissolution cases are filed with the Clerk of Court in Gainesville and heard in Florida’s Eighth Judicial Circuit, which also covers Baker, Bradford, Gilchrist, Levy and Union counties.
Both spouses complete mandatory financial disclosure — income, assets, debts and expenses, backed by documents. For couples who built a life together long before the legal marriage date, this is where that earlier history has to be assembled and evidenced, and it is the part of the case that rewards preparation more than anything else.
If you have minor children, Florida requires each parent to complete a state-approved parenting course and the court to approve a parenting plan before a final judgment is entered. Most contested cases also go to mediation before a judge hears them.
What Makes Mark E. Sawicki, P.A. Different
At Mark E. Sawicki, P.A., we combine business-minded strategy with emotional intelligence to protect both your financial security and your family’s well-being. Unlike big firms where you’re just another case number, Sawicki Law offers:
Industry Standard
Impersonal service / Long Response Time
Hidden or unpredictable fees
Limited expertise
General family law
Slow response times
Mark E. Sawicki, P.A.
Personal attention & direct access to Mark
Fair and transparent billing – No Hidden Fees Ever
Licensed in 8 jurisdictions including the U.S. Supreme Court
Specialization in high-asset, complex, and LGBTQIA+ divorce
4.9/5 Reviews for responsiveness & results
Frequently Asked Questions About Gay Divorce in Florida
Same-sex divorces follow the same procedure as any other Florida dissolution, but a few questions come up again and again. These are the ones Gainesville couples ask a gay divorce lawyer most often.
Is a gay divorce different from any other divorce in Florida?
Procedurally, no — the same forms, the same court, the same no-fault standard. The differences show up in the substance: property from the years before the legal marriage, and parenting rights where only one spouse is a legal parent. Those two issues are why it is worth hiring a lawyer who has handled them before, and my same-sex divorce page covers both in more detail.
We were together for years before we could legally marry. Does that time count?
It depends on the facts, and that is the honest answer. Florida generally looks to the legal date of marriage when dividing property, so the years before it are not automatically treated as marital. There are approaches for addressing that, and they are worth raising early because they shape the whole strategy. A marital agreement is how couples avoid the question altogether.
I am not my child’s biological or adoptive parent. What happens to custody?
Your position is considerably stronger if a court order already establishes your parentage. Where a second-parent or confirmatory adoption was completed, it generally settles the question. Where it was not, this needs to be addressed early rather than in the middle of a contested case — please raise it in the first conversation.
Where do I file for divorce if I live in Gainesville?
With the Clerk of Court in Alachua County, which sits in the Eighth Judicial Circuit. One spouse must have lived in Florida for at least six months before filing. For the pieces that often come alongside a divorce, see my family law and name change pages.
How do I find a gay divorce lawyer in Gainesville, FL?
Look for someone who has handled the two issues that make these cases different — property from the years before the legal marriage, and parenting rights where only one spouse is a legal parent — rather than someone who treats a same-sex dissolution as a routine divorce. Confirm they are licensed in Florida, since your case is governed by Florida law and filed in the county where you live. A first consultation here is free and runs twenty minutes, which is usually enough to tell you what your case actually turns on.
Client Reviews
Hear from some of our clients.
Lainey L.
Google Review
“Mark helped me through my recent divorce, and made the process as easy as possible. Him and his assistant, Anja, were both so responsive and communicative. They genuinely care, and always had my best interest at heart. I felt comfortable…”
Walter J.
Google Review
“Mark Sawicki is an amazing attorney. Mark took the time to address all my concerns, while also caring about me as a person. Mark inspired me to seek counseling prior to my divorce, which showed me that he cared about my long-term wellness…”
Lionel L.
Google Review
“I have dealt with many attorneys over the years for a variety of purposes, and Mark stands out as the best one. He handled my divorce proceedings with extreme competence, resulting in a settlement that was very satisfactory to me and fair…”
Get a Free 20-Minute Consultation with Mark
Facing divorce, custody, or family issues? Mark Sawicki offers compassionate, determined guidance to help you move forward.