Providing Knowledgeable and Strategic Guidance
How Does the United Supreme Court Decision Which Determined That It is Unconstitutional to Prevent Same Sex Marriage Impact Both Divorce and Adoption Laws in the State of Florida
The State of Florida for years has refused to recognize Same Sex Marriages from other states under a law called DOMA the Defense of Marriage Act. The Federal Government created the original version of the Defense of Marriage Act which precluded federal benefits to same sex partners.
Many states such as Florida followed suit and passed legislation that treated same sex couples as different from heterosexual couples. DOMA in Florida precluded Judges in the State of Florida from granting divorces to legally married same sex married couples from states that allow Same Sex Marriage.
Under Florida law, these marriages were not recognized as Marriages under DOMA. The decision of the United States Supreme Court removed the authority of Florida from not only not recognizing valid marriages from other states, but legalized Same-Sex Marriage in the State of Florida.
Today, same sex couples have the same ability to get married and divorced in the State of Florida and are governed by the No Fault Divorce Statute and the laws on Divorce in the State of Florida.
The change of the law also has impacted the Adoption Laws in the State of Florida. With the recognition of Same Sex Marriage, it is no longer necessary to do a Second Parent Adoption when Same Sex partners have a valid marriage. Same sex partners can have a Step Parent Adoption which is a much quicker and simpler procedure and does not require a Home Study. As long as the partner or spouse consents and there is no objection from a biological parent, the matter can be done quickly and at a ver reasonable cost.