Divorce, Family Laws Should Apply to Gay Marriages
Much of the language in Florida's divorce statute is gender neutral, and courts should have little difficulty applying traditional dissolution law to same-sex couples.
March 20, 2015 at 09:18 AM
5 minute read
A U.S. district court ruled on Aug. 21, 2014, that Florida's ban of same-sex marriage violated the Fourteenth Amendment to the U.S. Constitution, which provides for equal treatment under the law. On Jan. 6, 2015, after a temporary stay of the ruling, marriage licenses began to be issued to same-sex couples in Florida.
Less than 11 years ago, same-sex marriages were not legal in any of the nation's 50 states. Beginning with a Massachusetts court decision in 2005, at this writing same-sex marriage is now legal, either by statute or by court ruling, in 37 states. The U.S. Supreme Court recently has agreed to hear cases challenging bans on same-sex marriage in the remaining states. And it seems likely that by 2016, same-sex marriages will be legal, and any such marriages performed in a jurisdiction will be required to be recognized in all 50 states.
Human nature being what it is, the advent of same-sex marriage inevitably will be followed by the filing of a significant number of same-sex divorces. Will existing state laws on dissolution of marriage easily be applied to same-sex marriages? Will the legal “workarounds” previously employed by many same-sex couples, such as cohabitation agreements, present problems?
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllElder Litigators Confront Tough Questions in Last Act of Careers
Building a Championship Culture in Boutique Law Firms: Lessons From the Miami Heat
5 minute readDid 17 Drinks Lead to Woman's Death? Lawsuit Blames Casino
Niki Lauda's Helmet Will Return to Italy Thanks to This Am Law 100 Firm
3 minute readTrending Stories
- 1The Law Firm Disrupted: Playing the Talent Game to Win
- 2A&O Shearman Adopts 3-Level Lockstep Pay Model Amid Shift to All-Equity Partnership
- 3Preparing Your Law Firm for 2025: Smart Ways to Embrace AI & Other Technologies
- 4BD Settles Thousands of Bard Hernia Mesh Lawsuits
- 5A RICO Surge Is Underway: Here's How the Allstate Push Might Play Out
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250