Gay divorce in florida
LGBTQ / Same Sex Divorce
Tampa Bay Same Sex and LGBTQ Divorce Attorneys
Florida regulation oddly still contains statutory prohibitions on same sex marriage. Yet contrary to what one might study in statute, same sex marriage is, in truth, legal in the Mention of Florida, as is same sex divorce. Before the landmark U.S. Supreme Court case, Obergefell v. Hodges, which ratified the right for same sex persons to marry throughout the United States, matching sex marriage was already legal in Florida under the conclusions set forth in the January 2015 decision, Brenner v. Scott.
Given these legal precedents, and despite the dictates of Florida statute, same sex marriage is recognized throughout the state. The legal right to marriage is held by all people, including all members of the LGBTQ community. As one has the right to marry, they also have the right to divorce.
Regardless of sexual orientation or gender, the experienced attorneys at the Family Law Advocates are ready to help with all aspects of dissolving your marriage. The potential legal issues in any divorce case are the identical, including:
Not all marriages involve children. When they carry out, issues of child custody and child support must also
Same-Sex Divorce
Family Law Attorneys Serving Jacksonville and Surrounding Areas
Same-sex marriage has been legally recognized by the state of Florida since 2015. Along with the right to marry, homosexual couples have the fundamental right to divorce in Florida. As a practical matter, however, a same-sex divorce case may involve certain issues that rarely, if ever, arise in opposite-sex divorces. If you are seeking a gay divorce in Florida, hiring an attorney who understands home partnerships, civil unions, and related matters may be advantageous. At Ellis and Bryant, we recognize that many lgbtq+ couples were in committed, long-term relationships before marriage equality extended to sapphic, gay, bisexual, and transgender couples in Florida. Our Jacksonville family law attorneys are prepared to confront any issues that may arise in your gay divorce and pursue an outcome that meets your specific needs.
Same-Sex Divorce in Florida
The laws and legal procedures for a Florida divorce apply equally to both same-sex and opposite-sex couples. As an initial matter, certain criteria must be met for a Florida court to have jurisdiction over a divorce action. First, the pa
Same Sex Marriage and Divorce
The legal and social history of same-sex marriages has been tumultuous and debated. However, in 2015, same-sex marriage became legal in the State of Florida and across the United States. In January 2015, U.S. District Decide for the Northern District of Florida, Robert L. Hinkle, ruled that clerks in all Florida counties are bound by the U.S. Constitution to issue same-sex marriage licenses.
In June 2015, the U.S. Supreme Court in Obergefell v. Hodges, 576 U.S. 644 (2015), governed that same sex couples had the right to join pursuant to the Due Process Clause and Equal Protection Clause of the Fourteenth Amendment of the U.S. Constitution, and required all states to issue marriage licenses to same sex-couples and recognize same-sex marriages of other jurisdictions. This ruling legalized same-sex marriage in Florida. The requirements for homosexual couples to marry in Florida are resembling to that of heterosexual couples and are treated identically under the eyes of the law.
Same-Sex Divorces Legal in Florida?
In being granted the right to marry, same-sex couples are also granted the right to enter into a prenuptial and postnuptial agreements and to
Divorce in Florida for Same-Sex Couples
New Appellate Opinion Clears the Way for Same-Sex Divorce Across the State of Florida
The state of gay divorce in Florida has recently become significantly clearer. As the general public waits for an opinion to be issued by the United States Supreme Court in Obergefell v. Hodges,1 the case which is expected to definitively resolve same-sex marriage issues nationwide this year, the State of Florida now has ruling of statewide application on the narrower issue of whether same-sex couples married out of state are able to dissolve the marriage in Florida. On April 24, 2015, the Second District Court of Appeal of Florida held, in essence, that Florida courts cannot refuse to dissolve the marriage of a same-sex couple who entered into a marriage valid in another state.2 Consequently, most same-sex spouses seeking a divorce may perform so in the State of Florida without necessarily pursuing a constitutional challenge.3
Section 741.212 of the Florida Statutes, as previously noted, prevented recognition of out-of-state gay marriages and had previously served as a roadblock to homosexual divorces across the state.4 Now, for those co