In recent years, the rights of lesbian, gay, bisexual, and transgender individuals across the country have changed significantly. For many, legal protections have expanded, and same-sex relationships now can have official standing in the eyes of the law.
In Florida, same-sex marriages are now legal, and spouses can secure all the same rights as those in heterosexual relationships. With these marriages, however, come new legal issues and challenges. From securing your rights at the start of a relationship to protecting those rights at the dissolution, an experienced legal team can help address these evolving and growing areas of law.
Recognizing a Legal Marriage and Spouse in Florida
The state of Florida did not begin to recognize a same-sex marriage as a legal marriage until the United States Supreme Court ruled on the matter in 2015. With that ruling, it was established that states will recognize homosexual marriage and afford the spouses the same rights as those in a heterosexual marriage. This means that spouses are entitled to all the same benefits—tax, Social Security, veterans' benefits, health insurance, pension, and life insurance benefits.
In some cases, though, it can still be difficult to obtain these benefits because the new laws may by unclear or may not fully address every unique situation. Some businesses and public officials may refuse to respect your legal rights. A dedicated attorney can help you understand the law and make sure it is applied properly to protect your rights.
Additionally, with the legalization of homosexual marriage comes the issue of divorce. Like any other marriage, same-sex relationships do sometimes end in divorce. The law regarding these divorces can be confusing, and an experienced attorney can help ensure that you are protected during that difficult time.
Child Custody Issues and Same-Sex Marriage
Like many couples, same-sex spouses often decide to raise a family together. Maternity and paternity issues can arise, however, because of the necessity for a person outside the marriage to be involved in the childbearing. These maternity concerns are always changing and evolving as same-sex families grow. Spouses want to make sure both of their rights are protected and that they are recognized in the eyes of the law as the true parent of their children.
Once your parental rights are established, it can also be necessary to protect those rights during a divorce. Child custody and support can be central issues in any divorce, and it is important to understand your rights and seek a legal judgment to protect them. This can safeguard your relationship with your child by ensuring that you are able to spend the time with them that you deserve.
Legal issues surrounding same-sex relationships and the rights of the LGBT community can be confusing because they are often new and untested. Family attorney Antonio Jimenez is here to help spouses and families obtain and protect the rights they deserve. Call our Miami office today to learn more about your legal options and to have a no-obligation phone consultation with Antonio.