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Cordover & Gaies Present on LGBTQ Families & Relationships

On August 11, 2017, psychologist and collaborative facilitator Jeremy Gaies joined collaborative attorney and mediator Adam B. Cordover to present on the topic of “LGBTQ Relationships:  The New Family and Out-of-Court Dispute Resolution.”  Gaies and Cordover facilitated the LGBTQ families workshop at the 25th Annual Conference of Florida’s Dispute Resolution Center.

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Purpose of LGBTQ Families Workshop

The purpose of the workshop was threefold:

  1. Identify specific legal and other considerations for lesbian, gay, bisexual, transgender, and questioning (LGBTQ) individuals and families;
  2. Engage in discussion of various out-of-court options to meet LGBTQ needs; and
  3. Consider new and future legal challenges for LGBTQ clients and the family law community.

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Can 2 Men or 2 Women Appear on a Florida Birth Certificate?

Florida has not had the best history when it comes to the rights of same-sex couples.  For the longest time, the state had a law on the books that gay men and women were forbidden from adopting a child.  Florida not only enacted a so-called Defense of Marriage Act statute but enshrined its opposition to same-sex marriage in the state’s constitution.  Further, even once Florida courts ruled that the state must recognize marriage between people of the same sex, it was unclear whether the state would permit same-sex divorce.

Fortunately, the state has come a long way.  The “gay adoption ban” is no longer on the books.  The U.S. Supreme Court has ruled that a ban on the issuance of marriage licenses to same-sex couples is unconstitutional, as is a refusal of one state to recognize a same-sex marriage solemnized in another state.  And it has become clear that circuit courts in Tampa Bay and around the state must give same-sex spouses the opportunity to dissolve their marriage.

So, at this point, can two parents of the same sex appear on a Florida birth certificate?

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Florida Trend Article Features Cordover and Collaborative Law

The April 2016 edition of Florida Trend Magazine featured Family Diplomacy managing attorney Adam B. Cordover in an article on Collaborative Divorce.  The article, titled “Avoiding a Fracas with Collaborative Divorce” (subscription required), described benefits and drawbacks of collaborative practice for executives and business owners.

You can find excerpts from the article below:

Last July, five years after launching his practice, divorce attorney Adam Cordover decided he was finished going to court.  “I’d spent most of my career fighting in court for clients and had seen the devastating effects.  I’d seen clients literally go crazy,” says Cordover.  “I decided I no longer wanted to be part of it.”

https://en.wikipedia.org/wiki/Florida_Trend#/media/File:Florida_Trend_June_2012_Cover.jpg

https://en.wikipedia.org/wiki/Florida_Trend#/media/File:Florida_Trend_June_2012_Cover.jpg

He converted his firm to a litigation-free practice focused on what’s known as collaborative law.  In a collaborative divorce, a couple agrees to settle their differences outside the courtroom through negotiations.

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Divorce Lawyer Client Review: A Complicated Divorce Goes Collaborative

Recently, I came across a very complicated divorce matter where two women had been battling in the court system for six years, even before the State of Florida recognized their marriage.  One of the women ended up firing her aggressive trial attorney and hiring me because I offered an alternative: collaborative divorce.  Once everyone agreed to stop fighting, we were able to reach an agreement within just a few months’ time.

That client, Pattie, recently wrote a touching review about my paralegal, Jennifer, and I at avvo.com.  You can find the review below.

As I am required to note by the Florida Bar, please understand that every case is different, and you may not receive the same or similar results.

The Law Firm of Adam B. Cordover & Staff are amazing, professional caring people. Please know that I don’t mean for this review to be long or boring, my intent is to shed hope & shine light into your present life from my past experience and situation.

My situation was very complicated from the start being a same sex marriage which for years was not recognized in the State of Florida until January 2015 and two properties involved.

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Cordover Presents on LGBT Family Law in Sarasota

Family Diplomacy’s managing attorney Adam B. Cordover gave a presentation on “The New Family: LGBT Issues & Family Law” at the 2015 Fall Conference of the Florida Court Professional Collaborative (FCPC) of the Twelfth Judicial Circuit.  The title of the Conference was “2015 Trends in Family Law.”

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Florida to Make Marriage Certificates Gender Neutral. What About Birth Certificates?

According to a recent report in the Tampa edition of Creative Loafing, in light of the recent Supreme Court decision and issuance of marriage licenses to same-sex couples, Florida’s Office of Vital Statistics is making the state’s marriage certificates gender neutral.  From Creative Loafing:

Friday marked the anniversary of the anniversary of District Judge Robert Hinkle’s ruling that struck down the state’s gay marriage ban.

On the eve of that anniversary, LGBT equality advocates saw another small but symbolic victory, according to Equality Florida.marriagecertificateweb.jpg

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Can I Now Divorce My Same-Sex Spouse in Florida?

Last week, Federal Judge Robert L. Hinkle clarified his ruling in Brenner v. Scott to state, definitively, that the U.S. Constitution requires Florida clerks of court to issue marriage licenses to same-sex couples.  This has brought great jubilation that marriage equality is finally recognized in Florida.  Clerks throughout the state (including in my own Hillsborough County) have begun issuing marriage licenses, and some even have officiated over marriages.

Hillsborough County Clerk of the Court Pat Frank Officiates Over a Mass Same-Sex Wedding

Hillsborough County Clerk of the Court Pat Frank Officiates Over a Mass Same-Sex Wedding

However, is same-sex marriage yet completely equal in Florida?  Is it recognized for all purposes in Florida, including for purposes of dissolving that marriage?

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Florida Same-Sex Annulment

As Florida does not currently recognize same-sex marriages, some judges have interpreted the state’s ban as precluding them from granting same-sex divorces.  I am involved in a case in which two women married in Massachusetts, moved to Florida, and separated.  They utilized the interdisciplinary collaborative process to come to a full settlement agreement and filed a petition for dissolution of marriage in Tampa.  The judge ultimately denied their petition, determining that she did not have jurisdiction to dissolve that which the state does not recognize.

And we appealed.  This has become the first divorce matter in Florida to challenge Article I, Section 27 of the Florida Constitution banning recognition of same-sex marriage.

In the meantime, the gay marriage ban is still in effect.  So is there anything that same-sex spouses can do to legally end their marriage in Florida?

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Florida Bar Family Law Section Moves To File Brief In Same Sex Divorce Appeal

The Family Law Section of the Florida Bar, representing over 4,000 attorneys and affiliate members, has decided to file a brief in a divorce appeal in favor of the right of same sex spouses in Florida to divorce.  The Family Law Section is joined by the American Academy of Matrimonial Lawyers (“AAML”) in what is believed to be the first same sex divorce case in Florida to challenge the state’s Defense of Marriage Act and constitutional amendment banning “gay marriage.”

As an attorney for one of the spouses – who were married in Massachusetts, moved to Florida, and filed for divorce in Hillsborough County – I welcome the support of the Family Law Section and AAML.

In their motion requesting permission to file an amicus brief, the Family Law Section and the AAML write the following:

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Tampa Tribune: Florida Gay Marriage and Gay Divorce Cases

As I wrote in a previous post, a Florida Circuit Court judge in Monroe County (in the Florida Keys) declared that Florida’s ban on same sex marriage is unconstitutional.  Though that ruling was stayed (not put into effect) pending appeal, a Miami-Dade judge made a similar ruling this past week, which was also stayed.

A few days before the Miami ruling came out, I was interviewed by Elaine Silvestrini of the Tampa Tribune about my Tampa same sex divorce case now under appeal in the Second District Court of Appeals and how the Florida Keys ruling may or may not affect the divorce case.  Below are some excerpts of the Tampa Tribune article:

Although the decision [to permit same sex marriages] has no force of law in the rest of the state, lawyers [in the same sex divorce case] say it may help their case for divorce equality.

“It’s not authoritative, but it provides a little bit more persuasion,” said Adam Cordover, who represents [one of the divorcing spouses]. “It shows that yet another court has ruled in favor of marriage equality. The currents of history are in favor of marriage and divorce equality.”

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