Same Sex Divorce In Florida: Here's What You Need To Know

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2 Subsequently, most same-sex partners seeking a divorce may do so in the State of Florida without always pursuing a constitutional challenge. 3 Area 741. 212 of the Florida Statutes, as previously kept in mind, prevented acknowledgment of out-of-state same-sex marital relationships and had actually formerly functioned as a roadblock to same-sex divorces across the state.

5 That is, Florida is usually needed to respect the laws and actions of other states and area 741. 212 can not be used to trump the laws of states where same-sex marital relationships are legal without a legitimate public policy function. The 2nd District Court of Appeal discovered no such function to exist in preventing same-sex divorce.

The Court of Appeal did not overrule area 741. 212 in its viewpoint, but rather prevented its application to out-of-state legal same-sex marital relationships. 7 Though such is most likely not an instant concern for most, thinking about that same-sex marriages have actually not occurred in Florida prior to this year, it leaves a problem that necessitates more conversation at a later time.

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The approaching choice by the United States Supreme Court in Obergefell v. Hodges and any future viewpoints issued by other Florida Courts of Appeal might alter the scenario (specifically how is a topic for another post), so those Floridians wanting to dissolve their same-sex marital relationship would succeed to consult an experienced family law lawyer faster instead of later on.

The United States Supreme Court identifies the combined same-sex marital relationship cases of Obergefell v. Hodges, Tanco v. Haslam, De, Boer v. Snyder, and Bourke v. Beshear as Obergefell v. Hodges. 2. The case is Brandon-Thomas v.  https://writeablog.net/arrownurse44/the-basic-principles-of-same-sex-marriage-and-divorce-imediate-inc -Thomas, 2D14-761, 2015 WL 1874457 (Fla. 2d DCA 2015). 3. Keep in mind that this decision is not yet technically final and is subject to modification or withdrawal at the moment.

Same Sex Marriage and Divorce In Florida

4. See 741. 212, Fla. Stat. (2014). 5. See Brandon-Thomas v. Brandon-Thomas, 2D14-761, 2015 WL 1874457 (Fla. 2d DCA 2015). 6. See id. 7. Floridians still await word from the United States Supreme Court or another Florida appellate court for a choice which completely revokes area 741. 212 or affirmatively binds courts to entertain same-sex divorce petitions for in-state marriages.