Same-Sex Divorce Attorney in St. Petersburg

Property Division & Financial Issues in Florida Same-Sex Divorce

Florida is a no-fault, equitable distribution state. Same-sex couples dissolve their marriage under the same statutory framework as any married couple, and courts begin with a presumption of equal division of marital assets and debts. For same-sex couples, though, several factors can complicate that division.

A common issue involves property accumulated during a long-term relationship before Florida recognized same-sex marriage. Assets one or both spouses contributed to for years may be classified as non-marital under the legal marriage date, even if both parties treated them as shared. Retirement accounts and financial instruments obtained before federal marriage recognition may require careful review during property division. Alimony, now governed by Florida’s 2023 statutory reform, considers the length of the legal marriage rather than the full duration of the relationship. This can affect the financial picture when a couple was together for years before they could legally wed.

Parental Rights & Timesharing in Same-Sex Divorce

Legal parentage is one of the most consequential issues a same-sex couple can face in a Florida divorce. When both spouses are listed on a child’s birth certificate, both are recognized as legal parents with equal rights. That clarity doesn’t always exist.

When a child was born through assisted reproductive technology or surrogacy, the non-biological spouse’s legal parentage depends on whether a formal adoption or parentage judgment was obtained. Without that legal recognition, a spouse may face real challenges asserting custody or timesharing rights in the divorce proceeding. Florida family courts determine timesharing based on the best interests of the child, applying that standard equally regardless of the parents’ sexual orientation. Any dissolution involving minor children requires a parenting plan that addresses daily decision-making, timesharing schedules, and communication between parents.

Our Approach to Same-Sex Divorce Cases in St. Petersburg

Our Protection Without Destruction® philosophy guides every case we handle. We work to protect each client’s financial and parental interests while avoiding unnecessary conflict whenever possible. Divorce is difficult enough without prolonged court battles, and that approach serves LGBTQ clients particularly well.

We resolve approximately 95 percent of our cases without trial, drawing on negotiated settlement, mediation, and collaborative divorce to pursue outcomes our clients can live with. When Pinellas County family court proceedings are necessary to protect a client’s rights, we’re fully prepared to litigate. Our attorneys work together on every case, pooling their knowledge to build strategies tailored to each client’s circumstances.

Why St. Petersburg Clients Choose Harris, Hunt & Derr, P.A.

Our credentials reflect the standard we hold ourselves to. Harris, Hunt & Derr, P.A. is rated Tier 1 in Family Law and Family Law Mediation by U.S. News Best Law Firms, holds an AV Preeminent rating, and has been named Top Lawyers by Tampa Magazine every year from 2020 through 2026. Our attorneys have earned Super Lawyers recognition, and Expertise recognizes us among the Best Divorce Lawyers in Tampa. Our team collectively brings over 120 years of legal experience, including board-certified attorneys.

Because our practice covers only marital and family law, our attorneys stay current on every Florida law development that touches LGBTQ clients. From our St. Petersburg office, we guide Pinellas County clients through every stage of the dissolution process: initial filing and discovery, negotiation, and courtroom hearings when needed. Call (813) 223-5421 to speak with a same-sex divorce attorney at our St. Petersburg office.