Thursday, March 27, 2014

Same Sex Marriage and Divorce in Florida?



Every now and then I come across an article that I think is interesting to the masses and not only to those people who believe that a divorce or separation is imminent. Today in Hillsborough County a same sex couple is attempting to dissolve their union that was solemnized in Massachusetts a few years ago. They have come to an agreement and are seeking an uncontested dissolution of their marriage. This is difficult and ground breaking because Florida does not recognize same sex marriages.

There is a real problem in this country when some states allow same sex marriages or unions and the couple then relocates to another state that does not recognize their union. They would not be able to get divorced in the State in which they were married because they are no longer residents of that state and they will not be allowed to divorce in their new state because the new state doesn't recognize their marriage. This is a very real logistical problem that Florida and other states that do not recognize same sex marriage are going to be faced with if they haven't faced this issue already. It'll be interesting to see what happens in Hillsborough County and whether or not this issue gets all the way to the Supreme Court of Florida. While there is a ban on same sex unions, there is a question about recognizing those unions that were created in other states. We live in a very transient society and as people move around, this issue is going to come up more and more and sooner rather than later the legislature and the courts are going to have to figure out what to do.