What Is Divorce In Same-Sex Marriages?

By Danielle Levy, Associate Attorney at Grossman Law & Conflict Management

What is divorce in same-sex marriages?

Same-Sex Marriages
Photo credit: joseanavas / Foter / CC BY

As many states have passed laws permitting same-sex couples to marry or enter into civil unions, we have seen an influx of couples, who relocated to Florida from the state they got married in and now wish to get divorced in Florida. This group of people is unable to obtain a divorce in Florida because the state’s constitution was modified in 2008 to include a ban on same-sex marriages, and Florida does not recognize these marriages entered into legally in other states.

Additionally, these married couples may be further limited and unable to obtain a divorce in a state that recognizes their marriage because of strict residency requirements. Essentially, they are stuck in their marriage with no legal remedy that is otherwise provided to other married couples.

In August 2014, a federal judge in Florida ruled Florida’s same-sex marriage ban is unconstitutional. However, we are currently waiting to see the outcome of the appeal before these marriages would begin to be recognized. This ongoing debate seems to be par for the course across the country. Various judges are ruling similar bans to be in violation of the due press and equal protection clauses of the U.S. Constitution, while others are upholding these bans. Most recently the U.S. Court of Appeals in the Midwest struck down same-sex marriage bans in Wisconsin and Indiana and a federal judge in Louisiana upheld Louisiana’s ban.

This is certainly a hot and ever changing topic. Contact our office if you or a friend is interested in learning more about how the laws are changing and what can be done when faced with feeling trapped in these marriages.

Contact Danielle directly at DLevy@AttorneyGrossman.com.

Have questions about divorce? Email Keith@AttorneyGrossman.com, or call toll free: 877-687-1392, or locally: 239-210-7516.

Interested in learning more about how to address the emotions involved when going through a divorce? Download the Free e-Book: “Does Every Divorce Need a Shark?”

Does Every Divorce Need a Shark

     Posted on October 9, 2014 at 8:00 am | No comment

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