Last week the United States Supreme Court ended a long running legal battle by ruling that gay couples have the right to marry in all 50 states. While it was already legal to marry in 36 states and the District of Columbia prior to the U.S Supreme Court ruling, the remaining 14 states which have banned gay marriage will be required to stop enforcement of those bans. The 5-4 decision was a long time in coming and was published on the anniversary of two previous U.S Supreme Court decisions involving same-sex marriage.

Many couples married in a state allowing same-sex marriages that lived in or moved to a state that banned same-sex marriages were caught in a quandary when they decided to seek a divorce. Now not only will each state be required to allow same-sex marriages to occur, but they will also be required to recognize same-sex marriages entered into in other states.

Earlier this year, I had the opportunity to file the first same-sex divorce petition in Orange County, Florida for a couple married in New York. While our judges in Orange County, Florida have diligently and without hesitation followed the law to allow same-sex divorces to proceed, some of my colleagues in other counties and states have not been so lucky. Equal treatment of same-sex couples has been long overdue and I look forward to being able to assist many same-sex couples to resolve their differences in family court in the future.

To learn more regarding Same-Sex Divorce in Orlando visit my Same-Sex Divorce page or contact me today.

Unless you have been living under a rock, you have heard that in accordance with a recent ruling by a federal judge, Clerk of Courts in Florida began issuing marriage licenses to same sex couples on January 6, 2015. After much legal wrangling, Florida has become the 35^th state to legalize and recognize same sex marriages.

I had scheduled a final hearing in a divorce case at the Orange County Courthouse the morning of January 6^th. I decided to show up early to witness history being made. A long line of same sex couples formed outside the Clerk’s office that morning with the expectation of receiving a marriage license. Some were dressed in wedding finery. All displayed emotion as they laughed and cried and nervously waited for the doors of the Clerk’s office to open for business. It was obvious that some couples feared being informed by a courthouse official that they would not actually be receiving the hoped for marriage licenses. Fortunately there were no surprises, nor last minute court rulings to disrupt their special day. The Clerk’s office opened to much fanfare, with several media outlets in attendance to record the momentous occasion. Clerk of Court, Tiffany Moore Russell personally issued the first couple of marriage licenses. Most of the couples that obtained marriage licenses that morning opted to participate in the mass ceremony to be performed by Mayor Buddy Dyer at City Hall later that morning. However, I was privileged to be able to witness the very first same sex marriage ceremony performed in Orange County. The ceremony was officiated in the Courthouse wedding chapel by Orange County Bar Association President and Clerk of Courts’ attorney, Nick Shannin. Nick was honored to be able to perform the ceremony and I was so thrilled to experience it.

Fast forward to February when I was hired on my first same sex divorce. Yes, the marriage had actually lasted more than one month. My client was actually married in New York in 2013. While it is certainly unfortunate that the marriage did not work out, it was a relief for my client and his spouse to finally be able to enjoy the same access to the court system in order to terminate their marriage as a heterosexual couple would have had. My client’s case was the first same sex divorce to be legally processed for filing by the Clerk in Orange County and the second one to be finalized in Orange County. While I dispensed with the labels of “Husband” and “Wife” in my court filings in this case, ultimately the issues to be resolved were the same as would be addressed in any other divorce case. It won’t be long before same sex divorce becomes just as commonplace. Hopefully, as all the angst and controversy over this issue fades into the background over time, everyone will wonder what all the fuss was about to begin with.