Same-sex marriage is only legally recognized in a few states. However, many gay and lesbian couples reside in Florida. As a Jacksonville Gay and Lesbian Issues Lawyer, I receive numerous calls from same-sex couples that live in Jacksonville, Florida seeking a divorce.
Florida, like the majority of states that don’t recognize same-sex marriage, does not recognize same-sex divorce. This is because granting a same-sex couple a divorce is basically a legal recognition that the couple was married in the first place. If you live in Florida and have been married in a state which allows for same-sex marriages, getting a divorce in Florida is not possible. Obtaining a divorce might require, among other conditions, that you establish residency in the state in which you were married. Generally speaking, most states require residency in their state for six months, a year, or even more.
If you were married in California, however, you may have a new option. California’s governor Jerry Brown recently signed into law a bill that allows couples who were married in California to file for divorce in California — even if the couple no longer lives there. For example, if you were married in California’s Orange County, moved to Florida’s Orange County, and are now seeking a divorce, the California County that married you still has jurisdiction to grant your divorce.