Couples Ending Relationships Need Assistance Dividing Assets and Granting Custody
Tampa, FL -- (SBWIRE) -- 10/08/2013 -- Based on records from states where statistics were available, the divorce or dissolution rate of same-sex couples was 1.1% in 2011. About half the number of traditional marriages, the legal issues are, however, are more involved than opposite sex marriages. According to Joshua Law, a Brandon Family Law Attorney, these breakups require extensive negotiations and collaborative law to ensure that the split is fair.
Says Law, “Because the state of Florida does not recognize same-sex marriage, same-sex couples who decide to end marriage-like relationships do not have the same rights granted in divorce. While a typical divorce would provide a specific structure for dividing assets and granting custody and visitation, the same is not true of gay and lesbian relationships."
Law advises anyone going through a separation to seek legal advice, regardless of sexual orientation. "It is important that you have skilled representation working on your behalf to ensure that your interests are protected and you are positioned for the most secure financial future possible following the division. However, if you are in a same-sex relationship, it’s important you find Tampa divorce mediation lawyers who have successful experience with these types of cases."
Many financial considerations must be considered during the dissolution of a same-sex union or domestic partnership, says Law. "If the couple has purchased a home together, decisions must be made regarding the division of that property. Furthermore, if the couple has considerable debt, it may be necessary to consider a bankruptcy together and how the timing of that would affect the divorce."
Family dynamics also come into play with child custody being a top consideration. "If there are children involved, extra steps must be taken to decide on a fair custody and visitation plan. This is fairly standardized if an adoption was conducted. If no formal adoption ever occurred but the non-parent wishes to remain involved in the child’s life, there are solutions that can be explored to ensure this, but it 's imperative you contact a Divorce Lawyer in Tampa to work out the details."
Law goes on to say if a couple was married in a state allowing same-sex marriages, the couple must travel to that state in order to have a legal divorce conducted. Law concludes, “With the laws framing these relationships changing, it is important to have representation that keenly understands the circumstances involved and how best to protect yourself.”
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