Jacksonville Divorce Attorney Blog
Not only will Florida perform same-sex marriages, but there is no method for a legally married same-sex couple who has moved to Florida to obtain a divorce in Florida courts.
Same-sex marriage is not recognized in very many states, but evidence is showing that people are increasingly receptive to allowing same-sex marriage. With any marriage, things can go wrong, and divorce is sometimes necessary.
Unfortunately, those states that do not recognize same-sex marriage generally do not recognize same-sex divorce (this includes Florida). This is because granting a same-sex couple a divorce is basically a legal recognition that the couple was married in the first place — something these states aren’t ready to accept. If you are in one of these states, getting a divorce might require establishing residency in a state that recognizes marriage, meaning you’d have to move to that state for six months, a year, or even more.
If you were married in California, however, you may have a new option. California’s governor Jerry Brown recently signed into law a bill that allows couples who were married in California to file for divorce in California — even if the couple no longer lives there. For example, if you were married in California’s Orange County, moved to Florida’s Orange County, and are now seeking a divorce, the California County that married you still has jurisdiction to grant your divorce.
While this is good news for couples who were married in California, couples married in other states will still have trouble securing a divorce. If you and your partner have decided to draw your relationship to a close, talk with a Jacksonville Gay and Lesbian Attorney to discuss some of your options.