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

August 16, 2014/3 Comments/in Case Law Update, Collaborative Divorce, Family Law News, LGBT Family Law Matters //Tags: 13th Judicial Circuit, alternative dispute resolution, appeals, case law, collaborative attorney, collaborative divorce, collaborative facilitator, collaborative family law, collaborative financial professional, Collaborative Law, collaborative mental health professional, collaborative practice, Defense of Marriage Act, dissolution of marriage, divorce, DOMA, gay and lesbian couples, gay and lesbian parents, gay marriage, gay rights, legal separation, lesbian rights, LGBT family law, LGBT family law rights, marriage equality, same sex couples, same sex divorce, same sex marriage, Second District Court of Appeals, Tampa, uncontested divorceby Adam B. Cordover, Attorney-at-Law

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:

Does Florida Recognize Legal Separation?

September 28, 2013/1 Comment/in Collaborative Divorce //Tags: alimony, child support, collaborative attorney, collaborative divorce, collaborative facilitator, collaborative family law, collaborative financial professional, Collaborative Law, collaborative mental health professional, collaborative practice, divorce, Florida alimony, florida divorce, legal separation, postmarital agreement, postnuptial agreement, premarital agreement, prenuptial agreement, separate maintenance, separation, spousal support, support unconnected with dissolution of marriage, support unconnected with divorce, Tampa Bay Collaborative Divorce, Tampa Bay Collaborative Family Law, trial separationby Adam B. Cordover, Attorney-at-Law

Many jurisdictions require spouses to be legally separated for a certain period of time (oftentimes about 6-12 months) before they can get a divorce.

Florida does not have such a requirement.

However, there are many couples out there who wish to go through a “trial separation” without taking the leap of divorce. Many want an interim step short of divorce to maintain the possibility that the parties can work things out later and reconcile. Does Florida have any mechanisms to provide protections to spouses and children during a trial separation?