Same-Sex Divorce Attorney in Miami

Legal Representation Built Around Your Marriage’s Specific History

Same-sex couples divorcing in Miami face the same legal framework as any other couple, but often with an added layer of complexity: relationships that predate Florida’s 2015 recognition of same-sex marriage can raise real questions about property rights, alimony eligibility, and parental status. At Mitchell & West, LLC, founded by P.J. Mitchell and Spencer D. West, we handle these cases with the individualized attention that complexity requires. Our team brings over 100 years of combined legal knowledge to every matter, and our collective approach means your case draws on the full depth of the firm rather than a single attorney’s perspective.

We’ve been selected for Super Lawyers, a distinction held by fewer than 5% of Florida attorneys, and we stay engaged in the South Florida community beyond the courtroom. When you work with us, you get a team that knows Miami-Dade’s family courts and builds a strategy around your specific circumstances.

If you’re ready to talk through your situation, call (305) 783-3301 to schedule a free consultation with a same-sex divorce attorney at Mitchell & West, LLC.

How Florida Law Governs Same-Sex Divorce

Following Obergefell v. Hodges in 2015, same-sex marriage became a constitutional right nationwide. Florida began recognizing same-sex marriages on January 6, 2015, after the federal Brenner v. Scott ruling, with Miami-Dade County issuing licenses starting January 5, 2015, under a separate state court order. From that point forward, Florida’s dissolution of marriage laws under Chapter 61 apply to all married couples regardless of gender.

Florida is a no-fault divorce state, meaning a spouse must show the marriage is irretrievably broken rather than prove any wrongdoing. Before filing, at least one spouse must have lived in Florida for six months. Once the petition is filed, a waiting period of at least 20 days must pass before a final judgment can be entered.

Complications Specific to Same-Sex Couples

The legal marriage date matters more than the date a relationship began. Florida courts generally count only the period from the legal marriage date when evaluating alimony eligibility and the duration of the marriage. Years spent together before marriage was legally available typically don’t factor in.

Property acquired before the legal marriage date is generally treated as non-marital property, even if both partners contributed to it over a long relationship. Florida follows equitable distribution, meaning marital assets and debts are divided based on factors such as the length of the marriage, each spouse’s financial contributions, and economic circumstances. “Fairly” doesn’t necessarily mean equally, and a compressed legal marriage timeline can affect the outcome significantly.

Parental rights present a separate challenge. A partner who is neither the biological parent nor a legally adoptive parent may face uncertain legal standing, particularly if that status was never formalized before the divorce.

What We Handle for Miami Same-Sex Divorce Cases

Our attorneys represent clients across the full range of issues that arise in a same-sex divorce. The right approach depends on the specifics of your case, and that’s exactly what our team evaluates from the start.

Property Division & Alimony

We work on high-asset and complex property division and handle enforcement or challenges involving prenuptial and postnuptial agreements. We also provide assessments of alimony claims, accounting for the duration of the legal marriage, the standard of living established, and both parties’ financial resources.

Custody & Time-Sharing

We handle child custody and time-sharing disputes, including matters where a parent’s legal standing requires careful documentation and advocacy from the outset.

Mediation & Litigation

Not every divorce needs to go to trial. We guide clients through negotiation and mediation when those paths serve their interests, and we litigate aggressively when they don’t.

Navigating Miami-Dade’s Family Division

Dissolution of marriage cases in Miami are handled by the Family Division of the Eleventh Judicial Circuit, located at the Lawson E. Thomas Courthouse Center. Miami-Dade has its own procedural requirements, including court-mandated co-parenting courses for cases involving minor children and established mediation calendars. We guide clients through each of these steps, from filing the initial petition to reaching a final judgment, and our familiarity with Miami-Dade family court procedures means we can prepare you for what’s ahead and help keep your case on schedule.

Schedule a Free Consultation with Our Team

Reaching out costs nothing. We offer free initial consultations so you can get a clearer picture of where you stand before making any decisions. Weekend meetings are available by appointment for clients whose schedules don’t allow for weekday availability. Mitchell & West, LLC represents same-sex divorce clients throughout Miami and Miami-Dade County, bringing the same rigorous, team-based approach to every matter regardless of complexity.

Call (305) 783-3301 to speak with a same-sex divorce lawyer at Mitchell & West, LLC and schedule your free consultation.