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 South Florida. Since that time, the issue has been front and center. The legal implication of a final decision would mean parties to same sex marriage be afforded the same benefits of heterosexual couples. In addition to being legally recognized as a marriage, partners in a same sex marriage would be able to seek divorce under the State’s family law statutes. Our office tracks the latest legal developments and stands ready to provide representation for your case.
If you have questions regarding divorce, call our office for answers. Contact us to schedule an appointment with an experienced family law attorney in Stuart and the Treasure Coast today.