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Same Sex Divorce

Same Sex Divorce Attorney Miami

Experienced same sex divorce lawyers handle divorce cases for same sex couples in Miami, Florida

Same Sex Divorce The attorneys at the Carolan Family Law Firm, P.A. in Miami, Florida, who handle same sex divorce cases understand the difficulties parties encounter in the State of Florida. This is due to the fact that same sex marriage is not yet legal in Florida.

Florida same-sex couples who legally get married in another state and later decide to divorce do not have the same rights or protections that are given to heterosexual couples by the state’s divorce laws. This does not mean that same sex separation is not attainable in the state. However, since there is no standard procedure, competent representation is necessary and the outcomes greatly depend on the judge assigned to the case.

Civil Court Action

There is so much activity in this area of the law today. It used to be that same sex divorces were heard in civil court rather than family court but this isn’t always the case.

This process is very different from typical divorce cases in family court. Our lawyers have successfully negotiated and finalized same sex separation cases within the Family Law Division of the circuit courts in Florida.


If the same-sex couples seeking a divorce have a written agreement on the distribution of assets and property, then this agreement will guide the court in settling the case.

A civil court will treat the agreement as they would any contract between two business partners. The Court will not be concerned with equality of division of property; thus, if the agreement favors one party over the other, it is likely that the favored party will prevail. Oral agreements may be considered, however, such agreements are difficult to confirm, as the two parties often interpret details of such agreements differently.

Child Custody

Child custody issues in a same sex division are heard in family court. Child custody situations can be much different and more complicated in a same-sex divorce.

If one partner is the biological parent of the child, and no second-parent adoption has been entered, then the parent with legal relationship will be granted custodial rights.

The family court will consider numerous factors when determining child custody, including how long the partner has cared for the child, and how involved he or she was in raising the child. Recent changes in the state of Florida make this a dynamic area within family law which requires knowledgeable representation.

If both partners are legal parents, then each will be granted custody rights. This involves joint adoptions or when the second parent has adopted the child. The family court will look at these cases similarly to custody issues with unmarried heterosexual couples. In the State of Florida, the welfare and best interest of the child guides the court in custody and visitation decisions.


If you are going through a same sex division in the State of Florida, the attorneys at the Carolan Family Law Firm, P.A. offer options other litigation. Mediation can be effective way to settle the various disputes that are associated with the separation of a couple.

FAQs :

Same Sex Divorce Lawyers

It is important to work with an attorney if you are going through a divorce. Your lawyer will ensure that your rights are protected, that you are treated fairly, and that all aspects of your divorce are dealt with properly.

If you are considering a same sex division, then contact the Carolan Family Law Firm, P.A. in Miami, Florida, by calling (305) 358-2330. One of our knowledgeable and experienced same sex separation lawyers will be happy to meet with you and answer your questions.