Same-sex marriage has been legally recognized in Florida since January 6, 2015, following the U.S. District Court ruling in Brenner v. Scott, which declared the state’s ban on same-sex marriage unconstitutional. This decision was further reinforced by the U.S. Supreme Court’s landmark ruling in Obergefell v. Hodges on June 26, 2015, which legalized same-sex marriage nationwide.
Marriage Laws in Florida
In Florida, the legal requirements for marriage are uniform for all couples, regardless of gender:
- Application Process: Both parties must apply in person for a marriage license simultaneously and pay the applicable fee.
- Identification: Each party is required to present valid identification, typically two forms, such as a driver’s license, passport, or birth certificate.
- Age Requirement: Both individuals must be at least 18 years old to marry without parental consent.
- Waiting Period: Florida imposes a three-day waiting period after the issuance of the marriage license before the ceremony can be performed. This waiting period can be waived if the couple completes a state-approved premarital preparation course.
Divorce Laws Pertaining to Same-Sex Couples
The legalization of same-sex marriage in Florida also grants same-sex couples the right to divorce under the same legal framework as opposite-sex couples. Key aspects of Florida’s divorce laws include:
- Residency Requirement: At least one spouse must have resided in Florida for a minimum of six months prior to filing for divorce.
- Grounds for Divorce: Florida is a no-fault divorce state, meaning that the only requirement to dissolve a marriage is to demonstrate that the marriage is “irretrievably broken.”
- Division of Assets and Alimony: The court equitably divides marital assets and liabilities, considering factors such as the duration of the marriage, economic circumstances of each spouse, and contributions to the marriage. Alimony may be awarded based on factors like the standard of living established during the marriage and the financial resources of each party.
- Child Custody and Support: Decisions regarding child custody and support are made based on the best interests of the child, with no distinction between same-sex and opposite-sex parents.
Emerging Considerations
While the legal framework for marriage and divorce applies equally to all couples, same-sex couples may encounter unique challenges:
- Parentage Issues: Establishing legal parentage can be more complex for same-sex couples, particularly when only one partner is the biological parent. Adoption or legal parentage orders may be necessary to secure parental rights.
- Asset Division: For couples who were together before the legalization of same-sex marriage, determining the commencement of the marital period for asset division can be complex. Courts may need to consider the length and nature of the relationship prior to marriage.
Given these complexities, it is advisable for same-sex couples to seek legal counsel experienced in LGBTQ+ family law to navigate marriage and divorce proceedings effectively.