Same-Sex Divorce Attorney in Sarasota
Board-Certified Counsel for Same-Sex Couples Dissolving a Marriage in Sarasota County
Same-sex divorce in Florida follows the same legal framework as any other dissolution of marriage, but the practical questions that arise can be far more complicated. Couples who married after years together before 2015, those navigating non-biological parental rights, or those with assets accumulated across a long pre-marriage relationship face issues that demand real depth in Florida family law. At Schipani Law Group, P.A., our attorneys handle the full range of same-sex divorce matters in Sarasota, including property division, alimony, child custody and support, and post-judgment modifications.
Attorney Phil Schipani is Board-Certified in Family and Matrimonial Law by The Florida Bar, a distinction held by fewer than 300 attorneys in Florida. Clients work directly with an attorney throughout their case. We don’t hand matters off to a paralegal, and we respond to client communications within 24 hours.
If you’re considering divorce in Sarasota County, we’re ready to help you understand your options. Call (941) 499-8154 to schedule a consultation with our team.
How Florida Law Applies to Same-Sex Divorce
Florida is a no-fault divorce state. Either spouse may file by establishing that the marriage is irretrievably broken, without proving wrongdoing. At least one spouse must have been a legal Florida resident for at least six months immediately before filing, under Fla. Stat. 61.021. The Obergefell v. Hodges decision in June 2015 established the constitutional right to same-sex marriage nationwide; Florida had begun recognizing those marriages on January 6, 2015. The Respect for Marriage Act, signed in December 2022, added further federal protection for those marriages.
Where same-sex divorce gets complicated is the gap between when a couple’s relationship actually began and when the law recognized their marriage. Florida courts use the legal marriage date as the starting point for equitable distribution, meaning years of a committed relationship before 2015 may not automatically count as part of the marital period. There’s no guarantee a court will consider those pre-2015 years, but legal arguments are available in the right circumstances, and making them effectively requires an attorney with genuine depth in Florida family law.
Property Division & Alimony in a Same-Sex Divorce
Florida’s equitable distribution statute, Fla. Stat. 61.075, starts from a presumption of equal division of marital assets and debts, then adjusts based on ten statutory factors including the duration of the marriage, each spouse’s economic circumstances, and each spouse’s contributions to the marriage. Assets acquired before the legal marriage date are generally treated as non-marital property, but if those assets appreciated through joint marital effort or were commingled with marital funds, a portion may still be subject to distribution.
Complex Asset Division
Our attorneys have experience in complex asset division, including high-net-worth divorce and business valuation, which is directly relevant when same-sex couples bring substantial or commingled assets into a dissolution. Retirement accounts and deferred compensation often require a Qualified Domestic Relations Order to divide correctly without triggering tax penalties.
Alimony Under Florida’s 2023 Reform Law
Florida’s 2023 alimony reform eliminated permanent alimony and restructured durational alimony into three categories based on marriage length: short-term (under 10 years), moderate-term (10 to 20 years), and long-term (more than 20 years). For same-sex couples who were together long before legal marriage was available, arguments exist that the full duration of the relationship may inform the court’s equitable analysis, even though the legal marriage date controls by statute. We handle alimony matters for both spouses seeking support and those from whom support is sought.
Parental Rights & Children in Same-Sex Divorce
Florida courts determine parental rights by legal parentage, not by the role a spouse has played in a child’s life. If only one spouse is the biological parent and the other never legally adopted the child, the non-biological spouse may have no enforceable right to custody, visitation, or timesharing in a contested proceeding. This is one of the most consequential issues same-sex couples face in a divorce, and acting before a divorce is filed can make a significant difference.
Establishing Legal Parentage Before Filing
Formal adoption by the non-biological parent remains the most reliable way to protect both parents’ rights. When children were conceived through assisted reproduction, surrogacy, or donor arrangements, establishing legal parentage may require adoption records, surrogacy agreements, or reproductive documentation before a dissolution proceeding begins.
Timesharing, Support, & Parenting Plans
Florida courts apply the best-interests-of-the-child standard under Fla. Stat. 61.13 and, as of July 1, 2023, begin with a rebuttable presumption that equal 50/50 timesharing serves the child’s interests. A parent seeking a different arrangement must show evidence to support that position. Child support follows Florida’s standard guidelines and applies to all legally recognized parents. We handle custody, support, parenting plan disputes, and post-judgment modifications when circumstances change.
Why Sarasota Same-Sex Couples Work With Schipani Law Group, P.A.
The credentials our attorneys hold are meaningful in this context. Phil Schipani is Board-Certified in Family and Matrimonial Law by The Florida Bar, a distinction held by fewer than 300 attorneys statewide. He is also a Fellow of the American Academy of Matrimonial Lawyers, a distinction held by a small number of attorneys in Florida. Attorney Colleen Norman is certified by the Florida Supreme Court as a Family Law Mediator. These aren’t honorary titles; they represent specific competencies in the issues that arise in a same-sex divorce.
Collaborative Divorce as a Private Alternative
All three of our divorce attorneys are trained in collaborative divorce, a process in which both parties work with their attorneys and neutral professionals outside of court. Florida requires attorneys who practice collaborative divorce to complete specialized training; not all family law attorneys pursue it. For same-sex couples who want a more private, controlled path to resolving property, support, and parenting issues without public litigation, collaborative divorce is worth considering.
Local Court Experience & Direct Attorney Access
Cases filed in Sarasota County are heard in the family divisions of the Twelfth Judicial Circuit Court. We regularly appear in those courts and understand how they handle dissolution matters. Clients work directly with an attorney from consultation through resolution.
Schedule a Consultation With Our Sarasota Same-Sex Divorce Lawyers
If you’re considering divorce and have questions about how Florida law applies to your situation, whether that involves property accumulated before your legal marriage, parental rights, or support, we can walk you through your options in a confidential consultation. We serve clients throughout Sarasota County, including Venice.
Call (941) 499-8154 to schedule your consultation.