Pacheco Perez P.A.

Florida same-sex divorce cases appealed

The Florida Attorney General has reportedly appealed a number of cases involving challenges to the state's same-sex marriage band. According to the AG, the U.S. Supreme Court should make a ruling on the matter.

Same-sex divorce issues are not new to Florida courts. Since the state banned same-sex marriage in 2008, several divorce cases have hit courts. The cases involve same-sex couples who were married in other states but now live in Florida. The couples, such as a couple who married in Vermont in 2002, are now seeking divorces in Florida.

Because Florida law doesn't recognize same-sex marriages, judges in the state have a hard time ruling on divorces for such couples. One judge who ruled that the state's ban was unconstitutional canceled an upcoming hearing on a related matter. The hearing would have decided whether a same-sex couple could be granted a divorce.

According to reports, the judge said the hearing was canceled to give the Attorney General more time to review the case. Because the Attorney General is appealing cases to a higher court, many same-sex couples seeking divorce in Florida may end up continuing to wait.

Legal issues are complex in any divorce, and politics and state law come into play for same-sex couples. It's important for any couple or individual seeking a divorce to understand their legal rights and options for the future. For same-sex couples, seeking assistance with understanding how state laws and other matters come into play is also important. Many same-sex divorce cases in Florida have taken on challenges to the state law, which is something most divorces don't include.

Source: The Florida Times Union, "Florida judge cancels hearing on whether to grant same-sex divorce" Sep. 10, 2014

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