As the Nation awaits the U.S. Supreme Court’s ruling on same-sex couples’ constitutional right to marry, couples continue fighting for their individual rights to marry and also, to divorce. In January of this year, the Federal Court of Appeals ruled in favor of same-sex marriages, thus granting couples the right to marry in the state of Florida. It would be logical to assume, then, that divorce proceedings would also be allowed in Florida. Surprisingly, however, courts throughout Florida continue denying same-sex couples the right to divorce.
Last year, Hillsborough County Circuit Judge Laurel M. Lee denied Keiba Lynn Shaw and Mariama Changamire Shaw a divorce, citing lack of authority to dissolve a same-sex marriage due to then-existing ban on gay marriage. The parties had entered into a full settlement agreement, through the collaborative law process. In other words, all issues had been agreed upon and resolved and the parties were simply requesting entry of their Final Judgment of Dissolution of Marriage. Instead of a seamless divorce, however, the parties were forced to appeal the Court’s decision, which took months to make its way through the court system.
Finally, on Friday, the 2nd District Court of Appeal ruled in favor of the couple, stating they would be permitted to divorce. Attorney General Pam Bondi had requested the appellate court wait for the U.S. Supreme Court’s decision prior to issuing a ruling in the Shaw dissolution, but the 2nd District Court of Appeals issued a ruling in any event. Advocates believe this ruling serves to reiterate the Nation’s increased support of same-sex marriage.
The High Court’s decision is expected soon. Check back for updates on the Supreme Court’s ruling regarding same-sex couples’ constitutional right to marry.
http://www.orlandosentinel.com/news/breaking-news/os-lesbian-couple-divorce-tampa-florida-20150602-story.html
