Following the United States Supreme Court’s decision in Obergefell v. Hodges, 576 U.S. 644 (2015), there is no real difference in the divorce process for same-sex couples and opposite-sex couples. But same-sex couples may encounter some additional complications in the divorce process regarding issues such as child custody if, for example, one of the same-sex spouses was the biological mother and the biological father did not agree in writing to terminate his parental rights, and later seeks custody of the child.

In Florida, following the Supreme Court's decision in Obergefell v. Hodges, same-sex couples have the same rights and responsibilities regarding marriage and divorce as opposite-sex couples. This means that the legal process for dissolving a marriage, dividing assets, and determining alimony is the same. However, same-sex couples may face additional challenges in divorce, particularly concerning child custody. If a child was born into a same-sex marriage, and one spouse is the biological parent while the other is not, the non-biological parent's rights may not be as clear-cut, especially if the biological father's parental rights were not legally terminated. In such cases, the biological father might assert custody rights, which could complicate the divorce proceedings. It is important for non-biological parents in same-sex marriages to secure their parental rights, which can be done through adoption or other legal agreements, to protect their relationship with their children in the event of a divorce.