Same Sex Divorce

Same-Sex Divorce Lawyers in St. Petersburg & Pinellas County

Same-sex divorce is a complex family law area with unique legal considerations. As a divorcing same-sex couple, you face various challenges that differ from those in heterosexual marriages. These complex issues can involve financial and support matters and child-related issues, which can profoundly impact your future and that of your children.

At Emerson Law, P.A., we understand the legal complications of same-sex divorce and can provide our clients with compassionate and experienced legal representation. We know that the stakes can be high regarding critical issues that can change your life once the legal process is complete. Our attorneys are here to support you throughout your divorce. Our mission is to help you reach the other side of this legal process with dignity, security, and confidence.

Learn more about your case and options by consulting a St. Petersburg same-sex divorce attorney at our firm. Contact the team by email or at (727) 855-6587 to start.

Complex Property Division in Florida Same-Sex Divorce

One of the significant issues that make same-sex divorce more complicated than heterosexual divorce is property division. LGBT divorces require a careful analysis of the ownership, acquisition, and value of assets, including property and pension benefits.

In Florida, for instance, marital property is considered to be all assets acquired during the marriage, irrespective of whose name they are in. Same-sex couples may own property jointly, separately, or through alternative arrangements, such as trusts or domestic partnerships.

Florida marital property is generally divided equally between spouses, but non-marital property is not subject to division. Determining which property is marital and which is non-marital can be more difficult in same-sex divorces, particularly in cases with multiple owners or beneficiaries or where property was accumulated in former domestic partnerships before federal law was passed legitimizing these marriages.

Understanding Custody in Same-Sex Divorce

Child custody can often be complicated and emotional for same-sex couples, mainly when a dispute arises over who will have primary custody of the children. This can be complex because the couple may have biological children from previous relationships or through assisted reproductive technology.

For example, one spouse may have given birth or donated sperm, leading to issues with biological parentage. In such a scenario, legal parentage can be established through adoption or court determination. Adoption provides the non-biological parent with legal rights and responsibilities to the child, which can make child custody matters more straightforward in the event of a divorce.

In Florida, if both parents are listed on the child’s birth certificate, they are considered legal parents and have equal rights to the child. However, if only one parent is listed on the birth certificate, the other parent may lack parental rights.

Even with adoption, child custody matters can still be complicated. For example, in cases where one parent is an adoptive parent, and the other parent has no legal relationship with the child, it may be challenging for the non-parent to obtain custody or visitation rights in a divorce.

Florida courts will consider all factors in determining custody, generally based on legalities, the child’s best interests, and which parent is better equipped to care for children.

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Put Your Case in the Hands of Proven Professionals

Working with an experienced family law attorney who understands the nuances of child custody and equitable distribution of marital property and debt is crucial in same-sex divorce cases. An attorney can help determine marital property and legal parentage, develop a parenting plan, and present arguments to protect your parental and financial interests in court.

At Emerson Law, P.A., we can provide the necessary guidance and support you need to navigate the complexities of your divorce. We work closely with our clients to understand their unique needs and goals and develop customized legal strategies to achieve the best possible outcomes.

You can reach us online or at (727) 855-6587 to request a consultation with a St. Petersburg same-sex divorce attorney.

Read All Testimonials

"He held my hand through my entire custody process."
Mr. Emerson for lack of a better phrase held my hand through my entire custody process. I was very busy with other personal matters during the custody procedures, but my case never missed a beat due to Mr. Emersons diligence. I would highly recommend him to anyone needing an attorney in any of his areas of expertise. Mr. Emersons rates were also fantastic when I compared a few different lawyers.

- Nicholas
"I very much recommend Cody to everyone if you want a good dependable lawyer."
I can't say enough about a small legal problem I had and I retained Cody Emerson to represent me. Not only did he win my case but he and his staff went above and beyond to get my problems resolved. I very much recommend Cody to everyone if you want a good dependable lawyer.

- Karen M.
"I would highly recommend him!"
Mr. Emerson is an excellent attorney and I would highly recommend him. Cody and his team are professional and provided prompt responses to any questions I had throughout the entire process. He made a difficult process as smooth as possible and never gave me unreasonable expectations.

- Nicole P.
"I hold him in high regard and will recommend him!"
There’s no question Cody is a talented and dedicated lawyer. I hold him in high regard and will recommend him to anyone going through a divorce. Not only did he take over my case and accomplish more in a month than a whole year; he kept my mind at ease and helped me make some tough decisions. He’s extremely detail oriented and amazingly smart. I’m so grateful for all he’s done for me. If you’re looking for a trustworthy lawyer, he’s your guy!

- Sheli M.
"Cody is an outstanding attorney!"
I feel lucky to have had Cody Emerson and his team on my side during my divorce. Cody is an outstanding attorney, highly respected by the judge and court. He got me everything I hoped for, but didn't think that it was possible to get. Thank you, Cody, Kali and Jason for patiently putting up with me during these last two, most difficult years of my life and taking such good care of me. You guys are the best! Thank you!!!

- Eva

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