Same-Sex Divorce

Same-sex divorce cases involve many of the same legal principles as traditional divorce cases but can also present unique issues related to the recognition of marriage, the duration of the legal relationship, and the division of assets. At Woolsey Morcom, we provide expert legal representation in same-sex divorce cases, ensuring that all aspects of the divorce process are handled fairly and in accordance with the law. Our attorneys are knowledgeable about the specific legal considerations that can affect same-sex couples, including property division, spousal support, and custody arrangements, and we are committed to achieving equitable outcomes for our clients.

While same-sex marriage is now legally recognized in all 50 states, thanks to the U.S. Supreme Court’s Obergefell v. Hodges decision, many same-sex couples were in long-term relationships long before they were allowed to legally marry. As a result, complications often arise in divorce proceedings when addressing the division of assets acquired during those pre-marital years. Florida courts generally only divide property acquired during the legal marriage, which may not reflect the reality of a long-term committed relationship that predates formal recognition. At Woolsey Morcom, we take these nuances into account and work to present a full picture of the relationship to ensure a fair distribution of assets.

Same-sex divorce cases may also involve complex issues such as the recognition of out-of-state marriages, particularly if the couple married in a different jurisdiction before same-sex marriage became legal nationwide. Our attorneys understand the evolving legal landscape and are well-versed in how Florida courts treat these matters. We help clients address concerns over joint ownership, retirement assets, real estate, and other jointly acquired property to ensure that nothing is overlooked during the division process.

Parental rights are another area that can present challenges in same-sex divorces. These cases may involve children from prior relationships, adoption, or assisted reproductive technologies such as surrogacy or IVF. Legal parentage may not always be automatically granted to both partners, especially if one parent is not listed on the birth certificate or did not formally adopt the child. We advocate for parenting arrangements that reflect the child’s best interests while ensuring that both parents have the opportunity to maintain meaningful relationships with their children.

Woolsey Morcom’s attorneys are experienced in addressing these challenges, providing strategic advice and representation to navigate the legal complexities and ensure that our clients’ rights are fully protected. We work closely with clients to understand their unique needs and to develop solutions that reflect their goals and interests. Whether through negotiation, mediation, or litigation, our priority is achieving fair, respectful, and lasting outcomes.

In addition to handling same-sex divorces, Woolsey Morcom also offers support for related matters, including modifications of divorce decrees, enforcement of court orders, and post-divorce disputes involving custody, visitation, or support. We understand the deeply personal

nature of these cases and are committed to treating every client with compassion, discretion, and respect.

By partnering with us, you can trust that your same-sex divorce will be managed with the knowledge and sensitivity required to achieve a fair and just resolution. Our team is here to support you through every step of the process, advocating for your rights and your future