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Can a same-sex marriage be divorced in a state where same-sex marriage isn't recognized?

Business 8 views 3 answers
A same-sex couple was married in California, where it is legal. The couple resides in Florida where same-sexual marriage is not recognized. Is the couple able to file for divorce in Florida, or does it have to be done on a state where same-sex marriage is recognized?

Attorney Answers

3
Jordan Gerber ·
Unfortunately, no. There is a case challenging Florida's policy on this in Tampa as we speak, but as of now same sex couples cannot be divorced in a state where same sex marriage isn't recognized.
0 upvotes
Betty Jones ·
I agree with Attorney Gerber and would advise you to watch that case and see how it progresses through the Court system. Bret Rahall is the attorney on the case and might be willing to talk to you about your case. Good luck. Sincerely, B. Elaine Jones, Esq.
0 upvotes
Don Dennis ·
As Ms. Gerber states the answer is no. However, if you wanted to be the test case so to speak you could file suit and then work up through the appellate process but that would incredibly expensive.
0 upvotes

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