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.
While this is good news for couples that were married in California, couples married in other states will still have trouble securing a divorce. If you and your partner have decided to draw your relationship to a close, talk with a Jacksonville Gay and Lesbian Issues Lawyer to discuss some of your options.