Same-Sex Divorce

Same-Sex Divorce in Jacksonville, Florida: What you Need to Know

Before Obergefell v Hodges, same-sex divorce was very difficult or even impossible to obtain in many areas. Some states recognized same-sex marriages, and some like Florida did not. The landmark 2015 ruling legalized same-sex marriage across the USA and recognized the rights of same-sex couples to get divorced in every state.

When it comes to divorce, same-sex couples, have the same issues as other couples. Child custody, child support, spousal support, equitable property division, and other issues can cause a contested divorce in Jacksonville, Florida, to get nasty.

Same-Sex Divorce Jacksonville

Special Considerations With Same-Sex Divorce

  • Custody of any children– In many same-sex marriages, one parent is the biological parent to any children through IVF or another method. If the same-sex divorce is contested then this can complicate things, especially if one parent is not the biological parent, and could affect visitation, child custody, and child support.
  • Length of the union– Some same-sex couples had a relationship for many years while it was impossible to get married. Some judges may consider this factor during a same-sex divorce while others may not. This can also affect whether spousal support is ordered.
  • Any previous domestic partnership or civil union agreements– While some states automatically dissolved civil unions and domestic partnerships after the Defense of Marriage Act was struck down, other states did not. It may be necessary for your same-sex divorce attorney to dissolve both legal relationships during the divorce process.

Top Reasons for Same-Sex Divorce

Same-sex divorce, just like an opposite-sex divorce, occurs for many reasons. It is usually not any one thing but a combination of factors that lead to a Jacksonville, Florida divorce lawyer. These can include:

  • Having unrealistic expectations.
  • Infidelity
  • Domestic violence
  • Money disagreements
  • Immaturity and a lack of preparation
  • Differences in child-rearing approaches

If you are considering a same-sex divorce, then you need a divorce lawyer in Jacksonville, Florida, who understands this area of the law and who will fight for your rights. Child custody and visitation, child support, spousal support, and even basic property division will be determined during this process.

The Sacks and Sacks Law Firm has the knowledge and experience needed to get you the best possible results from your same-sex divorce. Call today at (904) 396-5557 for a free consultation.

We offer client representation on same-sex divorce for both contested and uncontested dissolution of marriage.


“ Same-Sex Divorce: What You Need to Know.”  Accessed 3 August 2020.

“DIVORCE STATISTICS: OVER 115 STUDIES, FACTS AND RATES FOR 2018.”,of%20married%20straight%20couples%20divorce. Accessed 3 August 2020.

Sacks and Sacks Law
1646 Emerson St. Suite B Jacksonville, FL 32207

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