In Florida, same-sex relationships and break-ups are NOT considered family law. There is no gay divorce. Therefore, even if your partner does not want to let go (very common), Florida's courts can only help you separate your jointly titled property. If you have a mortgage together the partner who no longer lives in the house often wants to free up their credit and make the mortgage with you go away. That requires selling the house or having one partner, a relative or other very dear friend pay the mortgage off. The partners usually end up selling the house; regardless of how bad the real estate market appears at any given time (i.e. during the past few years many people have discovered that real estate is not always a good investment). Should you need to go to court to get a court order to sell the real estate, the court will not wait until the real estate market improves before ordering a sale. Some partners pay attorneys thousands of dollars to delay the court ordered sale. These partners are convinced that with time, the market will improve. During our protracted real estate bust in Florida, such thinking has back-fired more often than not. Many partners have discovered that once a court orders a sale and they have paid attorneys thousands of dollars, they would have been better off agreeing to sell sooner than later. Mediation helps partners recognize such realities.
An LGBT or GLBT mediator can serve as a facilitator to help all parties reach a result they can live with.
Jonas Urba was first licensed to practice law in 1988. He is admitted to the Bar in Florida, Massachusetts and inactive in Colorado. During the past 22 years he has helped LGBT singles and couples resolve disputes regarding relationship break-ups, jointly titled real estate issues, jointly titled financial account issues, partnership agreements which resemble prenuptial and postnuptial agreements, domestic partnerships, contract, probate, fiduciary duty and wills and trusts issues. His broad experience helps parties by facilitating communication toward resolution.
Mediation is all about communication and accepting the challenge of taking the next step. Without communication, resolution is next to impossible. Hire an attorney who truly believes in the process of mediation and who has represented financially independent as well as financially vulnerable clients.
Jonas Urba continues to work almost exclusively with LGBT clients. He has been a Florida Supreme Court Certified Circuit Civil and County Court Mediator since 2004.