Same-sex couples residing in Florida have long struggled to acquire the same rights as heterosexual couples. While this includes the right to marry, it also includes the right to divorce.
From the divorce lawyers at Fletcher and Phillips:
New Florida Divorce Laws for Same-Sex Couples
Just last year, same-sex couples who had legally married in another state were prohibited from divorcing in Florida. This was due to Florida Statute 741.212, the “Defense of Marriage Act” which denies the recognition of all same-sex marriages from any state or country. Florida couples were also prohibited from divorcing in the state in which they were married due to residency requirements imposed on divorcing couples.
This issue has now been specifically addressed by the Florida 2nd District Court of Appeals. On April 24, 2015, the Court ruled that a same-sex divorce case from Lee County could proceed despite the circuit judge’s previous dismissal, and the Attorney General’s attempt to uphold the dismissal.
In October 2013, Danielle Brandon-Thomas filed a Petition for Dissolution of Marriage requesting a divorce from her wife, Krista Brandon-Thomas, whom she had married a year earlier in Massachusetts. Krista objected to the petition, arguing that since the Florida Defense of Marriage Act failed to recognize their marriage, the court had no jurisdiction to dissolve the marriage. The Lee County trial judge dismissed the case based on Krista’s argument.
In determining if the Defense of Marriage Act was constitutional, the Court evaluated whether the statute served a legitimate government interest. After hearing arguments from both parties and the Attorney General, the 2nd District Court of Appeals found that Florida Statute 741.212, in refusing the divorce proceedings, would not further any legitimate public policy presented. Therefore, the Court reversed the dismissal and ordered it to proceed in the circuit court.
Federal Laws on Same-Sex Marriage and the Constitution
This ruling, coupled with a U.S. District Court ruling in August 2014, finding that the Florida ban on same-sex marriages was unconstitutional, opens the door for same-sex couples residing in Florida to legally divorce in a Florida court.
Contact Jacksonville’s Same-Sex Divorce and Marriage Attorneys
Please contact our office if you have any additional questions or concerns regarding your legal rights.