Second DCA Case: Can Florida Courts Dissolve a Same-Sex Marriage?

Are you or a loved one in a same sex marriage from outside of Florida?    Do you now reside in Florida? Do you know how your out of State same sex marriage will be respected in Florida for purposes ofinheritance and family law matters like divorce? You may want to see what the Second District Court of Appeal in Florida had to say about the issue in the case of Brandon-Thomas v. Brandon-Thomas.

Equal Protection

• Generally in America we take offense to discrimination and courts will often find such conduct is a violation of the equal protection clauses of both the State and Federal Constitutions.
• Furthermore States tend to respect the judgments and laws from outside courts through a doctrine of reciprocity known as the Full Faith and Credit clause.
• States have a right to choose to not respect another State’s rules though if they are contrary to public policy.
• Can you think of any examples?
• What about if you are a neighbor of Colorado, do you have to accept their legal marijuana?
• A similar debate has arisen around gay marriages entered into in other States. In other words does a State that does not award gay marriage licenses still have to respect another State’s license for legal purposes?
• How does this alter your Palm Beach probate?
• Are you sure that your same sex loved one’s family situation will be respected the same as a conventional marriage for Delray Beach inheritance purposes?
• The court dealt with a similar issue when asked if it was appropriate to allow the court to divorce a same sex couple from outside of Florida once they moved to Florida.
• What do you think?

Brandon-Thomas v. Brandon-Thomas: Divorce Gets Uglier When the Attorney General Steps In

• A same sex couple was married in Massachusetts in 2012 and then moved to Florida.
• Once here the marriage did not go so well and in 2013 one of the women filed for a divorce in Florida. The other wife opposed the petition and argued that because Florida did not recognize same-sex marriage the court had no jurisdiction to dissolve such a marriage.
• Do you agree?
• Did you know Florida has a Defense of Marriage Act?
• Things got even messier when the Florida Attorney General stepped in and opposed the divorce on policy grounds as well.
• Just a thought: if Florida does not want gay weddings, shouldn’t they allow gay divorces? It reduces the number of gay marriages doesn’t it?
• Anyways the Court ultimately disagreed with the Attorney General and the petitioner, finding that the couple was entitled to a divorce in the State of Florida.

Palm Beach Probate

• Does this ruling carry over into Palm Beach probate law?

Want to learn even more? Check out a free copy of the case by clicking here.