Case Law Updates
It seems the story on the validity of same sex marriage changes every day. With some states banning same sex unions, then higher courts overturning those bans, it was only a matter of time before there was word on the issue from the U.S. Supreme Court. And, the word is in.
On October 6, 2014 the Supreme Court refused to hear an appeal of a lower court’s decision holding some state bans on same sex marriage constitutional. What this means is:
- The states that were seeking to uphold their bans on same sex marriage will not be allowed to present their case to the Supreme Court.
- This ruling gives validity to requests for marriages in the states that had previously denied applications for marriage to same sex couples.
Almost immediately couples in the… Continue reading
A same sex couple, married in Vermont, has been seeking to dissolve their union in their new home state of Florida. A Broward County Judge initially ruled the State’s ban on same sex marriage unconstitutional in Heather Brassner’s request for a divorce from Megan Lade. Now, it seems the Judge has had a change of heart.
In early September the very Judge that held the same sex marriage ban unconstitutional vacated the order that made that finding. The Judge explained his decision as follows:
- Brassner failed to comply with state law notice requirements.
- The Judge stated Brassner was required to give notice of the request for dissolution to the State Attorney General by certified mail.
- A hearing to finalize the divorce has been cancelled.
The declaration that the ban is unconstitutional was the 3rd such finding in an 18 day period in… Continue reading
Child custody and visitation are typically the most important issues to resolve in a divorce with kids. Finances are a close second, and are usually intermingled with issues regarding your children. This is because making sure your kids are taken care of and maintain a healthy relationship with both parents is a key goal of any family law matter. It is always best if the parents are able to enter a successful post marriage arrangement for visitation and custody, but this is not always the case. All too often the parties allow their emotions to run over and impact the kids, which may include preventing visitation in an attempt to “get back at” the ex. In the end, this type of behavior is more harmful to the children and does not allow families to move forward by taking positive steps post-divorce.
When… Continue reading
Ever since the provision of the Defense of Marriage Act that denies marriage to same sex couples was struck down as unconstitutional just over a year ago, Judges all over the country have seen these types of cases on their dockets. In some of these cases, the time is drawing near for final decisions to be made. Because this is a controversial topic, stories on the matter aren’t likely to go away any time soon.
In a recent decision, a Judge in Broward County is the latest member of the bench to strike down the ban on same sex marriage:
● The issue arose in a divorce case before Judge Dale Cohen.
● Heather Brassner and Megan Lade were legally joined in Vermont in 2002.
● The couple separated in 2010.
● Brassner, a resident of Florida, sought a divorce in Broward County.… Continue reading