For some people, determining how to divide property during a divorce isn’t difficult. The two parties work together to come up with an agreement. The divorce settlement is signed by both parties, the judge accepts the settlement, and the couple is able to divorce. Unfortunately, that isn’t always what happens. One same-sex couple in Florida is learning just how difficult it is to divorce in the state since it has banned same-sex marriages.
The couple was married in a state that has legalized same-sex marriages. They moved to Florida in 2011. One of the women filed for divorce in January. The couple reached an agreement as part of a collaborative divorce that entitled one woman to a lump sum payment. It also touched on communication and custody of a boy adopted prior to the marriage.
The couple reached a marital settlement agreement, which was questioned by the judge. They asked the judge to grant an uncontested divorce. The judge has postponed making a decision on the matter. The judge told the attorneys for the women to come back to argue their position on the case. She asked the attorneys why she should grant the divorce since the state doesn’t recognize same-sex marriages. The next hearing for the couple is on April 22.
Despite the collaborative agreement, this couple faces a battle to divorce because of the same-sex marriage issue in the state. Anyone who is facing a divorce might end up having to battle in court over things like property division, alimony and other issues. The advice of an experienced family law attorney can be beneficial to those who want more information about the divorce process.
Source: Tampa Bay Times, “Judge postpones decision on gay couple’s divorce in Hillsborough” Leonora LaPeter Anton, Mar. 27, 2014