St. Augustine LGBTQ Divorce Lawyer

Division of Property and Assets

Florida is an equitable distribution state, which means marital property is divided fairly, but not necessarily equally. For LGBTQ couples, determining what qualifies as marital property can be complex—especially if the couple was together long before same-sex marriage became legal.

If you and your partner shared finances, bought a home, or acquired assets before your legal marriage date, our attorneys can help present a compelling case to ensure those contributions are recognized.

Child Custody and Parental Rights

Same-sex parents often face more complicated custody issues, especially if only one parent is the child’s biological or legally adoptive parent. If both parents haven’t established legal parentage—either through adoption or court orders—one parent may have limited rights.

At Owenby Law, P.A., we work diligently to protect the parental relationships you've built with your child, advocating for fair custody and visitation agreements that prioritize your child’s best interests.

Spousal Support (Alimony)

Spousal support decisions are based on factors like the length of the marriage, the financial needs of each spouse, and their ability to support themselves. Since many LGBTQ couples were in long-term relationships prior to marriage equality, it can be difficult to convey the full scope of financial interdependence in the eyes of the court.

Our experienced legal team knows how to present supporting evidence that reflects the reality of your partnership, even if it began long before it was legally recognized.

Pre-2015 Domestic Partnerships and Civil Unions

Many same-sex couples entered into domestic partnerships or civil unions prior to the legalization of same-sex marriage. If you have one of these legal agreements—or if you never formally dissolved one—it may affect your rights during the divorce process.

We can help review any legal documents you may have signed before marriage and ensure they are properly addressed and dissolved.

LGBTQ Divorce FAQs

Do I need to prove fault to get divorced in Florida?

No. Florida is a no-fault divorce state, which means either spouse can file for divorce by simply stating that the marriage is "irretrievably broken."

How is child custody determined in LGBTQ divorces?

Custody decisions are based on the child’s best interests. Legal parentage is crucial. If both spouses are legal parents, they have equal rights. If only one spouse has legal standing, the other may need to petition the court to establish rights.

Can we divorce without going to court?

Yes. Couples may opt for mediation or collaborative divorce to avoid courtroom litigation. These options can be more private, affordable, and respectful. Our attorneys can guide you through these alternative resolution methods.

What if we were in a long-term relationship but married only recently?

Courts typically recognize only the legal marriage period when calculating alimony or dividing property. However, your attorney can argue for equitable treatment based on the length and nature of the partnership.

Is Florida required to recognize same-sex marriages from other states?

Yes. All 50 states must recognize same-sex marriages performed elsewhere, and Florida courts can process divorce for LGBTQ couples regardless of where the marriage was originally performed, as long as residency requirements are met.

Why Choose Owenby Law, P.A.?

We are proud to offer inclusive, judgment-free legal services for all individuals. At Owenby Law, P.A., we don’t just apply the law—we advocate for your dignity and peace of mind.

• Deep understanding of LGBTQ legal issues
• Compassionate, client-centered approach
• Personalized strategies tailored to your unique situation
• Extensive experience in Florida family courts

Whether your divorce is amicable or contested, our attorneys are committed to securing the best possible outcome for you and your family.

Let us help you protect your family, finances, and future. Speak with a trusted St. Augustine LGBTQ divorce lawyer today by calling our office at (904) 770-3141 to schedule a free consultation.