Same Sex Relationships & Domestic Partnerships

In 2015 same sex marriage became legal in all 50 states after the United States Supreme Court issued the landmark decision of Obergefell v Hodges.*

Since that decision, same sex marriages have had all the benefits of marriage, as well as all the burdens of matrimony, including the need to obtain a divorce if the union doesn’t last until “death do you part.”

Obtaining a divorce for a same sex couple is governed by the same statutes and law as a heterosexual divorce. However, as every marriage is unique there may be issues in a same sex marriage, such as child parenting plans and timesharing, where hiring an experienced divorce and family law attorney will help you get through the process more smoothly and with the advantage of nearly four decades of legal knowledge. The Law Offices of Cindy S. Vova, P.A. has the experience to help same sex couples untie the knot.

Timesharing Challenges in Same-Sex Divorce Proceedings

The unique challenges that same sex couples face more than likely surround issues dealing with the timesharing ( formerly known as “custody”) of children that are adopted or conceived through artificial insemination. Child custody issues are heard before family court where the court considers the best interest of the child. Courts can deny visitation rights by anyone who is not the legal parent of the child. If one partner is the child’s biological parent, and the other partner has not formally adopted the child, the biological parent will receive custody of the child. See our section on adoption.

*Interestingly, Florida still has a statute on the books that says it does not recognize a marriage unless it is between a man and a woman. A bill introduced in 2021 to eliminate that statute died in subcommittee!

Domestic Partnerships

Although your relationship with your partner may be rooted in the deepest love, you may not be ready for the traditional “till death do you part” marriage. The Law Offices of Cindy S. Vova, P.A. wants to make sure you make the decision that is right for you and your partner.

As an alternative to marriage, a domestic partnership may afford you some of the rights that come with traditional nuptials without some of the responsibilities. Domestic partnerships are available for both opposite sex couples as well as LGBTQ couples.

Miami-Dade, Broward and Palm Beach counties recognize and have procedures for establishing a domestic partnership.

The basic requirements to establish a domestic partnership require that the partners:

• Are 18 years of age or older and legally competent to contract
• Are not married or in another domestic partnership relationship
• Are not related to each other by blood

There may be additional requirements depending on the county where the domestic partnership is formed.

Advantages Afforded to Domestic Partners:

In considering whether a Domestic Partnership may be right for you, these are some of the benefits and privileges a domestic partnership may provide:

• Access to your partner’s medical information, authorization for visits with your partner at medical facilities and health care decision making at county health care facilities
• Visiting a partner incarcerated at a county detention facility
• Rights to input in funeral and burial decisions and to be considered a legal decedent in the event of your partner’s death

In addition, in certain situations, your partner or you may be entitled to benefits from the other’s employer sponsored health insurance plans.

Equally important, all domestic partners and, in fact, all individuals over 18 should have several legal documents prepared to protect themselves, their partners, their children and their loved ones. These include:

• A Will
• Designation of Health Care Surrogate
• Durable Power of Attorney

Our firm will explain why these documents are important to domestic partners as well as any couple.  See our section on “Documents Every Family Needs.”

What Happens If the Partnership is Over?

As with marriages, domestic partnerships sometimes end as well. Unlike dissolution of marriage, however, the termination of a domestic partnership is relatively simple from a legal perspective.  It does not involve a formal court proceeding like a divorce, and can be done without the consent of the other partner.

Still domestic partners ending a relationship go through much of the same economic and emotional turmoil as “traditional” couples.  Some of the issues that are involved in a traditional divorce still exist, such as dividing up real property, assets, and liabilities. When children are involved,  there are even more difficult decisions regarding time sharing and child support. 

Second Parent Adoption:

If your partner has a child, and is the legal parent of the child, but your partner and you are not legally married, you may be able to adopt through a second parent adoption.  Even if a couple has a valid established domestic partnership, that does not give one partner legal rights to the child of the other partner.  The only way to establish this legal parental relationship is through a Second Parent Adoption. 

As with a Stepparent Adoption, this requires the consent of the other legal parent unless that parent is unfit, and his/her parental rights are terminated by the court.   However, this process is a bit more complicated and costly as it requires a home study, parental fitness tests, more paperwork and a number of other prerequisites to complete the adoption process.

Whether you are a heterosexual couple or you are a same sex couple, without a legally recognized marriage, the only way to secure parental rights to your partner’s child is through a second parent adoption.   Although day-to-day this may not be an issue, if something happens to your partner, without this second parent adoption you have no legal rights to the child. These are important decisions that should be discussed and acted upon now…not when it might be too late. 

 The Law Office of Cindy S. Vova, P.A.is here to help make your dreams of parenthood a reality. Call us or email us at info@vovalaw.com to discuss your adoption options.  

Avoiding Some Potential Termination Issues in a Domestic Partnership:

One of the simplest ways to avoid some of the pitfalls of terminating a domestic partnership is to enter into an agreement in advance of the partnership addressing how both partners wish to handle domestic and financial matters. Our firm can assist you with crafting a detailed Domestic Partnership Agreement defining each partner’s rights and obligations, similar to a prenuptial agreement. When both partners agree in advance to the expectations of the parties the upside is this may avoid misunderstanding and miscommunications that sometimes lead to the demise of a relationship.

An agreement can be drafted after the domestic partnership is established, but the better practice is to formulate an agreement even before you make the commitment. We can assist you in drafting such a document tailored to your specific needs.

Even with an agreement, there are some issues that may arise that cannot be resolved in advance. In particular, if you have children, and you both are the biological parents or adoptive parents of these children, then matters of parental responsibility and timesharing as well as child support cannot be resolved in advance.

The Law Office of Cindy S. Vova, P.A. can provide you with sound advice about separation of assets and liabilities as well as division of property. We are experienced in dealing with LGBTQ couples and provide caring and compassionate, yet strong legal advice and representation before, during and after the separation process.

Domestic Partnerships:

• Provide some of the “pros” of marriage without some of the “cons;”
• Are simple to establish
• Are recognized in Miami-Dade, Broward and Palm Beach Counties as well as Monroe, Pinellas, Orange, Leon, Sarasota, and Volusia counties.
• Are available for opposite sex couples as well as LGBTQ couples

If you are contemplating entering into a domestic partnership, or if you are already in a domestic partnership and have questions about your rights and responsibilities, contact our office at 954-316-3496 or info@vovalaw.com.  We can help ensure your rights are protected before, during and upon termination of a domestic partnership.