Same-sex marriage has been legally recognized in Florida since January 6, 2015, as a result of Brenner v. Scott, the lead case on the issue. In this case, a U.S. district court ruled the state’s same-sex marriage ban unconstitutional on August 21, 2014.
Furthermore, a state court ruling allowed same-sex couples to obtain marriage licenses in Miami-Dade County on the afternoon of January 5, 2015. In another state case challenging the state’s denial of marriage rights to same-sex couples, a Monroe County court delayed enforcement of its decision pending appeal which expired on January 6, 2015.
The people of Florida should celebrate this milestone in civil rights. However, with marriage, sometimes comes divorce. Florida laws which govern divorce also apply to divorce when the couple is the same sex.
Florida has a residency requirement to obtain divorce. The divorce must be filed in the location the filing spouse resides. The filing spouse is the person seeking the divorce. Where he or she lives he or she must file for the divorce. In order to file for divorce in Florida:
- One of the parties must live in Florida for at minimum six months
- The spouse seeking divorce may file for the dissolution of marriage in any county which either or both spouses reside