Same Sex Marriage and Divorce Comprehensive Counsel For LGBTQ+ Divorce Matters.

Miami Same-Sex Marriage & Divorce Lawyers

Protecting the Rights of Same-Sex Couples in Coral Gables

While any divorce can be devastating, undergoing a same-sex divorce can add another layer of anxiety, stress, and complexity to an already difficult process. You may be worried that a judge won’t fully understand your family dynamic or feel terrified of losing your relationship with your children.

At Hertz // Sager, we understand the heavy burdens that LGBTQ+ individuals carry in both everyday life and family court proceedings. Our same-sex divorce lawyers provide sophisticated representation to help families navigate historical gaps, anticipate legal hurdles, and fight for a favorable resolution that upholds their rights.

Navigating life as a queer individual is challenging enough without biased legal representation. Our firm is dedicated to maintaining a safe and validating environment for the LGBTQ+ community. We are committed to providing empathetic and inclusive counsel that empowers clients to step into their next chapter of life with confidence and clarity. Whether you can benefit most from knowledgeable mediation from a Certified Marital and Family Law Mediator or need a tenacious and experienced trial lawyer, we are here to help.

If you are filing for a same-sex divorce in Miami, our attorneys can provide the caring guidance you deserve. Contact us online to discuss your case.

History of Same-Sex Divorce in Florida

In 2015, the landmark legalization of same-sex marriage in Obergefell v. Hodges granted LGBTQ+ couples the fundamental right to marry. Today, Florida treats same-sex dissolutions identically to heterosexual divorces. However, while the laws are identical on paper, the lived reality of a same-sex divorce is much more complicated.

Because marriage was denied to queer couples for so long, you and your spouse may have built a life, purchased property, and raised children together for years or even decades before you were legally permitted to sign a marriage certificate. This historical “marriage gap” can create significant legal hurdles that persist today.

Our attorneys have a deep understanding of the jurisdictional blind spots and legal vulnerabilities that impact many same-sex couples undergoing divorce. We focus on bridging the gap by delivering relentless advocacy and developing creative strategies to safeguard your family and financial future.

Unique Challenges in Same-Sex Divorces

Parental Rights

When a same-sex couple raises a child without completing a formal adoption, the non-biological partner is often treated as a legal stranger by the court. We help LGBTQ+ parents overcome this hurdle by exploring every legal avenue to establish parentage and advocating for meaningful time-sharing during child custody determinations.

Asset Division & Cohabitation Retroactivity

Courts only divide marital property acquired after the legal marriage date. For same-sex couples who built wealth together long before 2015, this can create an unfair disadvantage. We utilize forensic tracing and constructive trust arguments to protect shared pre-marriage assets and fight for a just division during equitable distribution.

Alimony & Marriage Duration

Alimony is calculated based on the duration of the marriage. This rigid timeline frequently ignores the reality of same-sex couples who were economically intertwined before marriage equality. We can gather evidence to demonstrate your long-term financial partnership and fight for the structured support you deserve.

Judicial Bias

Because marriage equality was only recognized in 2015, the state has limited appellate case law addressing the historical gaps in same-sex dissolutions. Our attorneys provide fierce representation to keep the court focused on your interests and prevent lingering local prejudices from influencing your time-sharing or property division.

Does Florida Recognize Pre-Marriage Domestic Partnerships in Divorce?

Florida doesn’t have a statewide domestic partnership law that grants unmarried couples the same rights as married spouses. While some municipalities offer domestic partnership registries, these designations do not entitle you to equitable distribution or alimony for the years you were together prior to your legal marriage.

Assets acquired during a pre-marriage domestic partnership are generally treated as separate property. Our attorneys can identify jointly titled assets and utilize specialized legal tools like constructive trusts, unjust enrichment, or breach of contract claims to protect your pre-marital investments and prevent you from walking away empty-handed.

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Hear From Our Clients

Real Feedback From Individuals Who Trusted Us With Their Cases.

“Protected My Assets”
“Christy Hertz, Katie Sager, and their staff were committed to ensuring the best outcome during my divorce. As a result of their professionalism and negotiation, my divorce settlement protected my assets and allowed me to close that chapter of my life.”

- Tracy S.
“Helped Me Get Through My Divorce”
“Christy Hertz and Katie Sager helped me successfully get through my divorce. They understood my wishes and were able to communicate effectively with the opposing attorney. They explained each step of the process with clarity and patience.”

- Melinda B.
“Highly Recommend”
“I highly recommend Hertz Sager. The team is very professional, educated, attentive, and understanding. They helped resolve my divorce and achieve my goals. During the lowest time of my life, the team made sure that I was informed of every step in my case.”

- Marta M.
“Forever Grateful”
“I shopped around for legal representation, and immediately knew that Katie Sager was it. She did what was best for both me and my family, and I'm forever grateful! She has a team of all-stars and has helped me through every twist and turn.”

- J M.
“Experienced, Professional & Honest”
“Christy and Katie are experienced, professional, and honest, and attentive to detail. When it comes to family law issues, it's easy to let emotions cloud your judgment, so it's important to have attorneys who give a realistic view of your case.”

- Julieth F.
“They Kept Us Informed”
“Christy Hertz and Katie Sager both attended to my family as if they were dealing with a familial issue of their own. They always made sure our concerns were voiced in court and kept us informed of the process every step of the way.”

- Kristal A.
“Amazing Family Law Team”
“Christy Hertz and Katie Sager are such an amazing family law team. They helped me navigate through a difficult time with compassion and patience. Having such a caring, committed team on my side made this unpleasant time in my life less stressful.”

- Angela H.
“Incredibly Trustworthy”
“Katie Sager exemplifies integrity, compassion, and determination in everything she does. She has an unwavering commitment to helping others and, among everything else, is incredibly trustworthy.”

- Brittany A.
“Successfully Assisted My Family”
“Attorney Cristy Hertz and her firm were very professional and successfully assisted my family with personal legal matters. Her personal attention to detail and taking the time to really listen to my concerns was monumental.”

- Malia P.

The Role of Second-Parent Adoption in Same-Sex Custody Disputes

Being listed on a child's birth certificate or raising them since birth doesn’t automatically grant a non-biological partner ironclad legal rights. If your marriage ends before a formal second-parent or stepparent adoption is completed, your biological ex-spouse could challenge your right to shared custody or time-sharing.

Securing a formal adoption legally solidifies your status as a parent and grants you the same constitutional rights to custody and time-sharing as the biological parent. This decree acts as a powerful shield against any attempts to limit your access to your child during a contentious divorce.

If you are facing a custody dispute without a formal adoption, our lawyers can explore all available paths to defend your relationship with your children, including arguing established parental intent through Assisted Reproductive Technology (ART) contracts and donor agreements if applicable.

Our Nuanced Approach to Navigating LGBTQ+ Divorces

We recognize that a generic approach to family law overlooks the profound realities of the queer experience. Our legal team is dedicated to providing strategic, inclusive representation that validates your history and actively defends your future.

Below are some important ways that our firm works to protect your interests during a same-sex dissolution:

Respecting your chosen family dynamics. We honor the ways that LGBTQ+ families are built and fight to preserve your parental rights regardless of whether your children were conceived through surrogacy, IVF, or previous relationships.
Untangling decades of unrecorded wealth. We deploy forensic accountants to trace commingled funds acquired during pre-marriage cohabitation and work to secure a fair distribution of your actual shared estate.
Combating localized judicial bias. Our attorneys provide trial-ready advocacy and aggressively challenge any prejudices that may impact your case, from the initial divorce petition to the final judgment.
Structuring forward-thinking support agreements. We leverage detailed financial analyses to negotiate alimony and child support arrangements that accurately reflect your economic partnership and safeguard your stability.
Providing a safe, validating legal environment. We prioritize clear communication to help couples navigate the stress of divorce with a team that respects their identity, pronouns, and relationship history.

If you are facing a divorce or time-sharing dispute with your same-sex spouse, our firm is ready to help. Call (754) 704-1894 to schedule a consultation.

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