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Orlando Divorce Lawyer > Orlando LGBTQ Divorce Lawyer

Orlando LGBTQ Divorce Lawyer

Compassionate, Skilled Representation for Same-Sex and LGBTQ+ Divorce in Florida

The Donna Hung Law Group practices family law in Orlando to support individuals and couples navigating the emotionally and legally complex process of divorce—especially within the LGBTQ+ community. Although LGBTQ+ couples in Florida have the same legal rights as opposite-sex couples, unique challenges often arise related to the timing of marriage equality, parental rights, property ownership, and recognition of non-biological parents. Whether your case is straightforward or highly complex, our attorneys are here to protect your rights, advocate for your family, and guide you through each step with clarity and compassion.

Clients of the Donna Hung Law Group receive personalized legal support, honest guidance, and consistent communication throughout the divorce process. Our Orlando LGBTQ divorce lawyers take an informed, solution-focused approach to ensure every client is treated fairly and respectfully under Florida law.

Understanding LGBTQ Divorce in Florida

LGBTQ+ spouses divorce under the same legal framework as all married couples in Florida. However, certain circumstances are more common in LGBTQ divorce, including:

  • Long-term relationships predating legal marriage
  • Children conceived through assisted reproductive technology
  • Disputes involving non-biological or non-gestational parents
  • Unequal financial contributions due to delayed marriage rights
  • Property acquired before marriage but during a committed relationship
  • Complex dynamics in step-parent or second-parent adoption

We help clients understand how Florida law applies to their unique circumstances and how to navigate these issues effectively.

Residency Requirements for LGBTQ Divorce

To file for divorce in Florida, one spouse must have lived in Florida for at least six months prior to filing. Even if the marriage occurred in a different state or country, Florida courts recognize the marriage and will grant a divorce if residency requirements are met.

Unique Legal Issues in LGBTQ Divorce

While the process is legally similar to opposite-sex divorce, LGBTQ+ couples often face additional considerations, including:

Pre-Obergefell Relationship Length

Many LGBTQ+ couples were together long before marriage equality. This creates challenges in:

  • Alimony determinations
  • Property division
  • Evaluation of financial contributions
  • Establishing the actual length of the committed relationship

We help present evidence to ensure long-term partnerships are fully acknowledged.

Parental Rights

LGBTQ+ parents may face complex custody issues when:

  • One parent is not biologically related to the child
  • No adoption or legal parentage order exists
  • Assisted reproductive technology was used
  • Donor rights need clarification

Courts increasingly recognize the rights of non-biological parents, but strong legal advocacy is essential.

Property Acquired Before Legal Marriage

Couples who lived as partners before marriage may have purchased property together. Determining whether such property is marital or non-marital requires careful legal analysis, including:

  • Title history
  • Financial contributions
  • Commingling of funds
  • Intent of the parties

We work to ensure property is distributed fairly in light of the couple’s full relationship history.

Assisted Reproduction, Surrogacy, and Donor Agreements

Cases involving IVF, surrogacy, or donor arrangements may require:

  • Review of agreements
  • Determination of parental rights
  • Protection of intended parents

Our attorneys understand the specialized laws surrounding reproductive technology and LGBTQ+ family formation.

Common Issues in LGBTQ Divorce

The key issues in LGBTQ divorce are similar to any divorce, but often have unique nuances. These include:

  • Division of marital assets and debts
  • Child custody and parenting plans
  • Child support
  • Alimony and financial support
  • Property and real estate disputes
  • Health insurance and benefit plans
  • Domestic violence injunctions
  • Relocation and interstate issues

We provide thorough and strategic representation for every aspect of divorce.

Child Custody and Parenting Plans for LGBTQ Parents

Florida courts prioritize the best interests of the child when determining custody and parenting arrangements. LGBTQ couples may need to address:

  • Legal parentage for both parents
  • Timesharing schedules
  • Shared vs. sole parental responsibility
  • Travel, schooling, and medical decisions
  • Potential challenges from biological parent claims
  • Establishing psychological parent relationships

We help protect the rights of LGBTQ parents and ensure the child’s well-being is central to the court’s decisions.

Alimony in LGBTQ Divorce

Alimony may be awarded based on:

  • Length of the marriage
  • Financial resources
  • Standard of living
  • Earning capacity and career sacrifices
  • Age and health of each spouse
  • Contributions to the marriage

Because many LGBTQ relationships predate legal marriage, presenting a complete history of the partnership is often essential.

Division of Assets and Debts

Equitable distribution applies in LGBTQ divorces, but complications may arise regarding:

  • Pre-marriage property acquired during long-term partnerships
  • Joint accounts created before marriage
  • Commingled funds
  • Purchase of homes before Florida recognized same-sex marriage

We help ensure that division is fair and reflects the reality of the couple’s financial life.

Domestic Violence in LGBTQ Divorce

Domestic violence can occur in any relationship. LGBTQ survivors often face unique barriers, including:

  • Fear of bias or misunderstanding
  • Lack of documentation
  • Concerns about outing or privacy
  • Mutual restraining order complications

Our attorneys help clients secure injunctions, safety protections, and strong advocacy.

What to Do If You Are Considering LGBTQ Divorce

If you are contemplating divorce, take the following steps:

  • Gather financial documents
  • Review any adoption or reproductive agreements
  • Document your parenting involvement
  • Avoid discussing legal matters directly with your spouse
  • Protect your personal accounts and important documents
  • Speak with an attorney early about custody and property issues

Taking early action ensures your rights are protected.

What to Do If You Were Served With Divorce Papers

If your spouse has filed for divorce:

  • Respond promptly to avoid default
  • Gather financial records
  • Document communication and parenting history
  • Avoid retaliation or emotional decision-making
  • Contact an attorney immediately

Your response can significantly influence the outcome of the case.

The LGBTQ Divorce Process in Florida

Although each case is unique, LGBTQ divorces follow a structured legal process.

Filing and Response

One spouse files the petition. The other must respond within the legal timeframe.

Financial Disclosure

Both parties must exchange financial affidavits and documentation.

Mediation

Florida requires mediation to attempt settlement before trial.

Parenting Plan Development

When children are involved, a parenting plan must be created and approved.

Trial

If no agreement is reached, the case proceeds to trial where a judge makes final decisions.

Final Judgment

The judge issues the final orders regarding assets, custody, support, and other matters.

Comprehensive Orlando Family Law Practice

The Donna Hung Law Group handles all aspects of LGBTQ family law, including:

  • LGBTQ divorce
  • Custody and parenting disputes
  • Paternity and parentage issues
  • Adoption and second-parent adoption
  • Assisted reproduction legal matters
  • Alimony and child support
  • Domestic violence injunctions
  • Post-judgment modification
  • Property and asset division

We are committed to providing informed, respectful, and inclusive legal representation.

Orlando Family Courthouse Information

All LGBTQ divorce matters are heard at the Ninth Judicial Circuit Court of Florida.

Orange County Courthouse
425 N. Orange Avenue
Orlando, FL 32801
Phone: (407) 836-2000
Website: www.ninthcircuit.org

Parenting, support, and property issues are resolved through family court proceedings.

Orlando LGBTQ Divorce FAQs

Can same-sex couples divorce in Florida even if married elsewhere?

Yes. Florida recognizes marriages performed in all states and countries.

How does custody work for non-biological parents?

Parents may need to establish legal parentage. Adoption or court orders strengthen custody rights.

Does the length of our pre-marriage relationship matter?

It can. Courts may consider long-term partnerships when evaluating alimony or property issues.

What if we used a sperm or egg donor?

Parental rights depend on the agreements and legal parentage established at the time of conception or birth.

Are LGBTQ divorces treated differently by courts?

No. Courts apply the same laws, but unique factual issues often arise.

Serving Throughout Orlando

  • Baldwin Park
  • College Park
  • Lake Nona
  • Winter Park
  • Thornton Park
  • Dr. Phillips
  • MetroWest
  • Hunters Creek
  • Avalon Park
  • Windermere
  • Celebration
  • Waterford Lakes
  • Mills 50 District
  • Audubon Park
  • Conway
  • South Eola
  • Bay Hill
  • Lake Como
  • Lake Mary
  • Vista Lakes

Orlando LGBTQ Divorce Lawyers Here for You When You Need Us

At the Donna Hung Law Group, we are committed to protecting the rights of LGBTQ clients with compassion, respect, and strong legal advocacy. Whether you are facing custody issues, complex property division, or sensitive family dynamics, our attorneys provide the skilled representation you need to move forward confidently and securely.

Call the Donna Hung Law Group at 407-999-0099 to schedule a confidential consultation and discuss your LGBTQ divorce case.