Same-Sex Divorce Attorney in Naples

Award-Winning Family Law Representation for Same-Sex Couples in Collier County

Family First Legal Group has guided clients through every stage of dissolution of marriage since 2016, with offices in Naples serving Collier County and the broader Southwest Florida community. We’re a multi-attorney firm with a full support team, a two-time winner of the “10 Best Law Firms” award for Client Satisfaction from the American Institute of Family Law Attorneys, and a multi-year Law Firm 500 Honoree (2017, 2018, 2019, and 2024) recognized as one of the fastest-growing law firms in the United States. Our attorneys have been recognized as Super Lawyers Rising Stars in the Florida legal community. Same-sex divorce clients in Naples deserve that level of credentialed, community-rooted representation.

Same-sex divorce follows the same legal framework as any dissolution of marriage in Florida, but the facts can be more complex. Assets acquired before nationwide marriage equality in 2015, prior civil unions or domestic partnerships, and parental rights for non-biological parents can all shape how a case unfolds. Our team brings the depth of analysis those facts require. Free educational e-books and reports are available so you can understand the process before your first consultation.

To speak with our Naples same-sex divorce lawyers, call us at (239) 319-4441 or contact us online today.

Florida Law & Same-Sex Divorce

Florida is a no-fault divorce state. A spouse filing for dissolution of marriage must allege only that the marriage is irretrievably broken, not prove fault by either party. At least one spouse must have resided in Florida for a minimum of six months before filing. Same-sex marriages are fully recognized under Florida law following the Supreme Court’s decision in Obergefell v. Hodges (2015), and same-sex couples access divorce through the same Chapter 61 statutes, courts, and procedures as any other married couple.

Florida divides marital property under the equitable distribution model. Assets and debts accumulated during the marriage are divided fairly based on factors including the length of the marriage, each spouse’s financial contributions, and economic circumstances. Cases filed in Naples go through the Collier County Clerk of Courts and are heard in the 20th Judicial Circuit, which covers Collier, Lee, Charlotte, Hendry, and Glades Counties. Understanding how that court applies equitable distribution principles is part of what we bring to every case.

Complexities Specific to Same-Sex Divorce

Several factual issues arise more frequently in same-sex divorces than in other dissolutions of marriage, and each requires careful legal analysis.

Pre-2015 Property
Property acquired before same-sex marriage was federally recognized may not fit neatly into Florida’s marital versus non-marital property categories. Classifying that property correctly requires a close review of when it was acquired, how it was titled, and how it was used during the relationship.

Prior Civil Unions & Domestic Partnerships
Couples who formalized their relationship through a civil union or domestic partnership in another state before marrying may face additional questions about how those prior arrangements affect asset and debt division. These are fact-specific determinations that benefit from early analysis.

Parental Rights for Non-Biological Parents
For same-sex couples with children, parental rights depend on legal adoption status, biological connection, or a court-recognized parental relationship. A non-biological parent who wasn’t legally recognized at the time of the child’s birth may face more complex time-sharing proceedings. Florida courts evaluate parenting plans and time-sharing based on the best interest of the child, without regard to the sexual orientation of either parent.

Spousal Support
Spousal support eligibility is evaluated on the same statutory factors as in any Florida divorce: length of the marriage, the standard of living established during the marriage, and each spouse’s financial circumstances and earning capacity. In cases where the marriage was preceded by a long domestic partnership, the full scope of the relationship may be relevant context.

How We Approach Same-Sex Divorce Cases

We don’t treat same-sex divorce as a niche practice. We treat each case as a dissolution of marriage with a specific set of facts that require specific preparation. Our Win-Win-Win philosophy guides every engagement: we work toward outcomes that preserve our clients’ assets, dignity, and their children’s well-being, prioritizing resolution over prolonged litigation whenever that serves the client’s actual goals.

Our team works to verify that marital assets and debts are correctly evaluated before any settlement is reached. We don’t accept opposing valuations at face value. When mediation or alternative dispute resolution offers a more efficient path to a fair outcome, we pursue it. When litigation is necessary, our multi-attorney team handles the full weight of the case so our clients can focus on their families. Clients receive individualized guidance built around their specific goals and circumstances.

For clients with children, our Kids Crave Structure philosophy shapes every parenting plan and time-sharing discussion. Stability for children isn’t a secondary concern; it’s a primary objective.

Frequently Asked Questions

What Are the Residency Requirements to File for Same-Sex Divorce in Florida?

One spouse must have lived in Florida for at least six months before filing. The petition is filed as a dissolution of marriage under Chapter 61, the same statutes that govern all Florida divorces. There is no separate or different process for same-sex couples.

How Is Property Divided in a Same-Sex Divorce?

Florida follows equitable distribution. Marital assets and debts are divided fairly based on factors including the length of the marriage, each spouse’s financial contributions, and economic circumstances. Property owned before the marriage or acquired before Obergefell may require additional legal analysis to classify correctly as marital or non-marital property.

Does My Spouse Have to Agree to the Divorce?

No. Florida is a no-fault state, and only one spouse must allege the marriage is irretrievably broken. The other spouse’s refusal to cooperate won’t prevent a divorce from being granted. A contested divorce can take longer to resolve, but the process moves forward regardless.

Can Both Partners Share Custody After a Same-Sex Divorce?

Florida courts evaluate time-sharing based on the best interest of the child without regard to parental sexual orientation. Legally recognized parents can pursue shared parenting arrangements. Establishing legal recognition of parental status through adoption or court order before or during proceedings is important for any parent whose rights aren’t already on record.

What Should I Do First If I’m Considering a Same-Sex Divorce?

Schedule a consultation with a same-sex divorce attorney in Naples as early as possible. Gather financial records, property documents, and any existing agreements, including prenuptial agreements, adoption decrees, or prior civil union records. Having these materials ready can allow us to assess your situation accurately from the first conversation.

Schedule a Consultation with Our Naples Family Law Team

Family First Legal Group offers initial consultations in Naples for same-sex couples considering dissolution of marriage. We serve clients throughout Collier County and Southwest Florida. As a two-time “10 Best Law Firms” honoree for Client Satisfaction, we can give you a clear picture of your options and a team that can carry the case from start to finish.

Ready to take the first step? Call our Naples same-sex divorce attorneys at (239) 319-4441 or contact us online to schedule your consultation today.