Category Archives: Case Law Update

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, … Continue reading

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BREAKING NEWS – Florida Judge Permits Same Sex Marriage Licenses in Florida Keys

Yet another judge has declared a ban on same sex marriages to be unconstitutional, and this one occurred right here in Florida.  The Honorable Luis M. Garcia found the law preventing the Clerk of Monroe County from issuing marriage licenses to same … Continue reading

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BREAKING NEWS: Tampa Same Sex Divorce Dismissed by Trial Judge; Parties to Appeal

Many people have been following a matter that I am involved in, the same sex divorce case in Tampa, Florida.  Well, the judge just issued her ruling, and she dismissed the amended petition for dissolution of the parties’ marriage. In her … Continue reading

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Texas Judge Rules Denial of Same Sex Divorce Unconstitutional

In a case with many similarities to the Florida same sex divorce matter being deliberated here in Tampa, a district judge in Texas has ruled that, despite that state’s same sex marriage ban, two women should be permitted to divorce. … Continue reading

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Florida Adult Adoption and ObamaCare

There is now a new reason for adult foster children to consider formalizing their relationship via a Florida adoption: health insurance coverage for young adults under the Affordable Care Act, commonly referred to as ObamaCare. Though the law has been … Continue reading

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Florida Same Sex Spouses’ Federal Benefits Clarified

United States Attorney General Eric Holder has announced policy changes in the wake of the landmark Supreme Court case of U.S. v. Windsor, which struck down portions of the federal Defense of Marriage Act.  According to the Tampa Bay Times, the … Continue reading

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Another Court Rules Same Sex Marriage Ban Unconstitutional

The Tampa Bay Times is relaying that a federal judge in Oklahoma has ruled that state’s ban on same sex marriage is unconstitutional. Judge Terence Kern struck down Oklahoma’s law which, similar to Florida’s Defense of Marriage Act, defined marriage … Continue reading

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Federal Government to Recognize Same Sex Marriages Performed in Utah

For 17 days, same sex marriages were legally performed in Utah.  On December 20, 2013, a federal district court struck down Utah’s Defense of Marriage Act (“DOMA”) which, similarly to Florida’s DOMA, recognizes marriage as only between one man and one woman. … Continue reading

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The Military, Florida Divorce, and Residency Requirements

Florida Statutes Section 61.021 imposes a residency requirement for divorce cases:  One of the parties must have lived in Florida for at least 6 months prior to the filing of the petition for dissolution of marriage.  This generally means that … Continue reading

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Florida Supreme Court Rules Lesbian Egg Donor Has Right to Partner’s Child

In a landmark decision in the matter of D.M.T. v. T.M.H., the Florida Supreme Court ruled that a woman who donated her fertilized egg to her partner, who in turn gave birth to a child, has a right to parent … Continue reading

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