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Unique problems revealed during same-sex divorce

Although you had been planning your marriage ceremony for years, it may have seemed that the event would never take place simply because your marriage vows would be shared with a person of the same sex. With the recognition of same-sex marriage on a federal level; however, that special event finally had a date on the calendar.

Unfortunately, like others formerly united in the bonds of matrimony, you and your spouse have decided that your marriage bond needs to be severed in court. If you have been following our blog, you know that same-sex divorces have been granted in Florida. What you may not realize is that there are factors that can impact the ease with which your same-sex marriage bond is legally dissolved.

1. Cloudy timeline and status of relationship

Previous to the ruling on same-sex marriage, individual states sought to provide their own solution to recognize the right of same-sex couples to create a union. The options states provided varied: civil unions, same-sex marriage, domestic partnership, common-law marriage or none of the above. As a result of this hodge-podge approach, courts now face unique problems when they attempt to unwind a marriage between two people who were in a long-term, state-recognized relationship before same-sex marriage was recognized nation-wide.

2. Impact of relationship history on division of assets

The hazy timeline associated with the beginning of a same-sex relationship impacts asset division. Difficulties arise when same-sex couples, who have been together years before marriage, add to their assets over time. In Florida, marital assets are divided in an equitable manner for those in same-sex or opposite-sex marriages. The problem arises when possessions have accumulated during a relationship but before a marriage was officiated. In this case, an even split of possessions may not be fair division.

As you can see, it may be beneficial to speak with a knowledgeable attorney to help you best navigate this murky process. You may have waited years to make your wedding bond official; your divorce proceedings should not last as long.

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