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Broward County Judge Paves way for Possible Same-Sex Divorce

On behalf of The Law Offices of Cindy D. Sackrin posted in Divorce on Thursday, August 14, 2014.

The divorce process includes common issues most couples will face and should understand and be aware of. A Broward County judge recently declared Florida's ban on same-sex marriage unconstitutional and ordered that legal unions from other states be recognized. The rule was, however, also placed on hold by the judge, pending an expected appeal of the ruling from the state's attorney general. The recent rulings in two other counties, striking down the marriage ban but not recognizing the validity of marriages in other states, were also recently appealed by the attorney general for the state.

The ruling resulted from a case wherein a lesbian woman is seeking a divorce from her estranged partner in order to remarry. The two went through a civil union ceremony in Vermont before it legalized same-sex marriages. The divorce legal issue that is problematic for the woman is that Florida will not recognize the civil union in Vermont so will not grant a divorce and Vermont refuses to dissolve the civil union without a affidavit signed by the estranged partner of the woman. The two women have been separated for four years and the woman is seeking a divorce in Broward County.

For any party seeking a divorce, the divorce legal issues encountered by most parties will likely be similar. Though same-sex partners may be encountering specific challenges currently, divorcing couples will likely confront some combination of property division, alimony, child support and child custody issues. Divorcing couples will also likely encounter disputes and confront strong emotions during the divorce process.

Because of the significance of the divorce process in the lives of most couples, it is important to have a solid understanding of the divorce process. A thorough knowledge of the process may help an individual better navigate the divorce process to a better outcome.

Source: USA Today, "Judge: Fla. must honor other states' gay marriages," Aug. 4, 2014

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