With the legalizing of same-sex marriages, same-sex couples have the same rights as any other couple in a heterosexual marriage. They enjoy the same rights and protections under law. They are also susceptible to pretty much the same errors and hence, are just as likely to end up in the divorce courts. This is why they need divorce lawyer Boca Raton.
Although the issues in a same-sex divorce are the same as in any other divorce, there are some notable differences that may need special attention and intervention. These are especially to do with prenuptial agreements, inheritance and child custody.
Prenuptial agreements: It is always a good idea to visit a lawyer before you get married. You will be advised on how to best protect your assets in case of a dissolution of the marriage and if you need a prenuptial agreement. A lawyer will also help you to draw up an agreement and lead negotiations in case it is required. There are also laws that ensure that no party is cheated in such negotiations. Hence, a lawyer’s advice is essential in ensuring that all rules and regulations are followed when the agreement is drawn up and signed.
Child custody: This is where same-sex marriages have their main differences from heterosexual marriages. Custody rights and timesharing agreements are slightly different here. Since children in same-sex marriages are usually adopted, it is important that both parents are recognized as the adopted parent. If the adoption occurred before the marriage, there could be additional concerns.
For couples who have children through surrogacy, there are again various issues that have to be hammered out. For instance, if either of the parent is a birth parent, what about the rights of the other party? Many of these issues have to be resolved before a couple heads for divorce. So, its better to consult a divorce lawyer Boca Raton sooner rather than later.
Mediation: In Florida any marriage headed for dissolution has to first go for mediation, unless there were issues of domestic abuse. A divorce lawyer is essential here because the law mandates that each party should have adequate legal representation. A lawyer will also make sure that your rights are protected during the mediation. These are often very emotionally charged negotiations, so a lawyer’s support is crucial in ensuring that you have someone in your corner.
Although a same-sex marriage has the same rights, rules and regulations as a heterosexual marriage, some issues regarding child custody may differ. Hence, hire a divorce lawyer Boca Raton in the event of a divorce.