Same Sex Divorces in Florida

Many people are unaware of the present law as it relates to same-sex marriages and divorces in Florida. At this time, all states, including Florida, recognize same-sex marriages and divorces.

Same Sex Divorce In Florida

Same-sex couples can file for divorce and obtain a divorce in the same manner as all other couples. The same rules also apply to same-sex marriages, i.e., the applicable Court will make decisions regarding custody, asset division, and spousal support.

That was not always the case. In fact, prior to the 2015 United States Supreme Court Case Obergefell v. Hodges, same-sex marriages were only recognized in a limited number of states. That meant that same-sex couples could only marry, and if desired, obtain a divorce, in a state that recognized same-sex marriages. This created many practical problems for same-sex couples. For example, if a same-sex couple married in a state that recognized same-sex marriage and then later moved to a state that did not, then the couple was not able to obtain a divorce in the new state where they then resided. Since all states have a residency requirement in order to obtain a divorce, these couples were not able to simply travel to a different state to divorce. Likewise, couples who traveled abroad or participated in other more unique wedding ceremonies returned to the United States and found they could not divorce if their state did not recognize their union. These are just a few examples of problems that same-sex couples encountered as they attempted to obtain a divorce.

In Obergefell v. Hodges, the Supreme Court legalized same-sex marriages nationwide. This meant that same-sex couples could marry in all states, and if applicable, they could divorce in all states as well. With that change, the Court removed the obstacles to same-sex divorces.