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Mark Abzug

Florida same-sex marriage roller coaster affects same-sex divorce

On Behalf of | Jul 25, 2014 | High Asset Divorce

The issue of same-sex marriage is an up and down fight for people who are in a same-sex relationship and want to get married in Florida. The roller coaster ride is still ongoing, partially thanks to a Florida law that says if a public official loses a court case and chooses to appeal, an automatic stay is issued. That is what is going on in Florida now with same-sex marriage, which also impacts same-sex divorce.

In the most recent development, a court ruled that the ban in the state on same-sex marriage is unconstitutional, but that ruling was appealed by public officials and a stay on the ruling has been issued. In this case, it is two men who are trying to get married who are pushing through the seemingly endless court system necessary because of the 2008 ban on same-sex marriage.

As these two men go through the court process to get married, others in the state who are in same-sex marriages want to get out of them. One female couple is trying to get a divorce in Florida for a marriage performed in Massachusetts, but are unable to do so because Florida won’t recognize they are legally married. No legal marriage means no legal divorce.

For people who want to get out of a dead end marriage, laws should be there to help them. Knowing how to apply current Florida laws to your case might help you to get the outcome you desire. Keeping up with these laws might prove rather difficult right now as the laws surrounding same-sex couples change from what seems like one minute to the next.

Source: Bradenton Herald, “Florida Keys county clerk ramping up for same-sex marriage license requests” Steve Rothaus and Cammy Clark, Jul. 21, 2014