The Florida Supreme Court, on March 30, 2017, issued an opinion in Hooker v. Hooker, 220 So.3d 397 (Fla. 2017) finding a Florida horse farm and a New York summer home interspousal gifts and, therefore, subject to equitable distribution as marital property despite a prenuptial agreement in existence. The prenuptial…
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…
Today the Ninth Circuit Court of Appeals upheld the August 2010 District Court decision that ruled Proposition 8 in California is unconstitutional. Prop. 8 is the 2008 measure that stripped same-sex couples of the right to marry in California. While this is great for people within the 9th circuit, those…
Florida gay and lesbian community looks to the rest of the country to track the universal fight for marriage equality. In 2006, New Jersey, enacted a civil union bill. In 2008, a legislative review commission, concluded that civil unions are insufficient and do not provide equality. This past summer a…
With the recent legalization of gay marriage in New York, gay rights activists are pushing for similar laws in other states. It appears such laws are increasingly likely; however, there is one aspect many people overlook: divorce. Though this is not exactly a positive topic, it is nevertheless something to…
The state of Florida has changed its view on common law marriage in 1967 to not allowing it. As a Florida family law attorney, I get many questions from people who have resided together as husband and wife who have never been officially married. Florida will only recognize this type…
The Jacksonville Gay and Lesbian community knows first hand that the legal process moves slow. Florida was after all, the last state to rule that the ban of adoption by a gay or lesbian person is unconstitutional. So, every baby step when dealing with the everyday issues and recognition towards…
On June 24, 2011, the State of New York became the Sixth state to allow same-sex couples to marry, as Governor Andrew Cuomo signed this legislation into law. The other states are Connecticut, Massachusetts, New Hampshire, Vermont, and Iowa. Also included is the District of Columbia. The legalization of gay…
Gay, lesbian, and same-sex couples living in Jacksonville, Florida, know that they receive little, if any, benefits afforded to husband and wife. No benefits and no legal breaks, even when filing for bankruptcy. If you are a member of the LGBT community and need to file a Florida Bankruptcy, the…
Legal progress, although slow, continues for gay and lesbian individuals and same-sex couples in Florida and all over the country. The entertainment industry has had and continues to express sentiments about gay and lesbian issues through their characters in prime time television shows, in movies which focus on gay relationships,…