Same-Sex/LGBTQ Divorce

Same-sex couples in Florida have two different legal options for separation. They can either pursue a simplified dissolution or a traditional dissolution.

A simplified dissolution of marriage is quicker and less complicated, and it is generally the best option for spouses who:

• mutually agree the marriage can’t be saved;
• don’t share any minor or dependent children;
• are not seeking alimony;
• have agreed to a written settlement dividing assets and debts; and
• agree to relinquish the right to a trial and appeal.

On the other hand, a traditional dissolution proceeding is lengthier and usually involves court appearances.

Traditional divorce:

• One spouse files a “Petition for Dissolution of Marriage” with the court, which establishes the grounds for divorce and what the filing spouse seeks in terms of property division, alimony, child custody, and child support.
• After filing the petition, the spouse must “serve” a copy to the other spouse, who must file an “Answer to the Petition” or simply agree to the terms set forth.
• Spouses can discuss between themselves a settlement either on their own or with the help of a mediator. If they cannot reach a final agreement in their discussion, however, they will have to go to trial for a judge to make the final decision.

It is best to consult an experienced LGBT divorce lawyer to determine whether it is in your best interests to pursue a simplified divorce or a traditional divorce. This will largely depend on what terms you seek to negotiate upon separation, but Attorney Gary F. Celetti, Jr. can better help you evaluate your options.