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Will I Be Able to Complete a Same Sex Marriage or Same Sex Divorce in Florida?

Same sex marriage and same sex divorce sit in a gray area in the laws of Florida. While the state does have a same sex marriage ban put into place in 2008, this ban has been opposed by several judges and does not fit into the recent Supreme Court decision on same sex marriage. This puts same sex couples in a strange position in Florida, one that has yet to be clarified.

Florida Does Not Allow Same Sex Marriage

There is an official ban in the state on same sex marriage, voted into law in 2008. This means that same sex couples cannot seek marriage in the state of Florida. For couples that want to get married, they must travel outside of the state to another area that accepts same sex marriage. This reality also makes same sex divorce a difficult thing for couples living in Florida. Like with marriage, they must go outside of their home state to end their marriage just as they began it.

No Same Sex Divorce Either

In almost all instances, same sex married couples who were married in another state will find difficulty getting a same sex divorce in Florida. Because the state does not allow same sex marriages, most judges will not grant a same sex divorce by default. However, this is something that may be changing soon.

In 2014 three different judges in Florida have declared the ban on same sex marriage in the state unconstitutional. The Florida Attorney General is appealing each of these rulings in defense of the state's position on same sex marriage, so the air is not clear yet for same sex couples in the state.

For same sex married couples that want to get divorce, it will probably require another trip across state lines to a state that allows same sex marriages in the first place. This is a difficult situation to be in, however, because these states also typically have residency requirements in order to grant a divorce. If you do not live in the state for a certain period of time, you cannot seek a divorce. This puts same sex married couples in between a rock and a hard place when it comes to dissolving their unions.

Do you qualify for an online divorce?

Do you know the location of your spouse?
Is your spouse in agreement regarding this divorce and willing to sign the divorce papers with you?
Do you and your spouse have any children under the age of 18 from this marriage?