Category Archives: Case Law Update

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

Posted in Adoption, Case Law Update, Family Law Explanation, Family Law News, Florida Statutes | Tagged , , , , , , , , , , , | Leave a comment

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

Posted in Case Law Update, Family Law News, Florida Statutes | Tagged , , , , , , , , , , | Leave a comment

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

Posted in Case Law Update, Family Law Explanation, Family Law News | Tagged , , , , | Leave a comment

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

Posted in Case Law Update, Family Law Explanation, Family Law News | Tagged , , , , , , , , , , , , | Leave a comment

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

Posted in Case Law Update, Family Law Explanation, Florida Statutes | Tagged , , , , , , , , , , , , , , , , , | Leave a comment

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

Posted in Case Law Update, Family Law Explanation, Family Law News | Tagged , , , , , , , , , | Leave a comment

Florida Same Sex Married Couples To Be Eligible For Federal Tax Benefits

Back in June, shortly after the groundbreaking ruling in U.S. v. Windsor, I wrote a post in which I asked whether Florida same sex partners would get federal benefits.  Though the ruling struck down parts of the federal Defense of Marriage … Continue reading

Posted in Case Law Update, Family Law Explanation, Family Law News | Tagged , , , , , , , , | Leave a comment

Florida Gay Adoption: The Man And The Ban

I recently wrote a guess blog for South Florida Estate and Business Planning Attorney Barry Haimo on the end of Florida’s categoral ban on adoptions by homosexual individuals.  Below is a reproduction of the article: In 1977, the Florida Legislature … Continue reading

Posted in Adoption, Case Law Update, Family Law Explanation | Tagged , , , , , , , , | Leave a comment

Can Florida Same Sex Partners Now Get Federal Marriage Benefits?

In yesterday’s U.S. Supreme Court Opinion striking down portions of the federal Defense of Marriage Act (“DOMA”), Justice Anthony Kennedy outlined some of the federal marriage benefits that DOMA affected: By its great reach, DOMA touches many aspects of married … Continue reading

Posted in Case Law Update, Family Law Explanation, Family Law News | Tagged , , , , , , , , | 2 Comments

Baby Veronica Adoption Case Decided By U.S. Supreme Court

I have previously written about the adoption case of Baby Veronica.  In this case, a South Carolina court ordered a child to be taken from her prospective adoptive parents’ home and to be placed in her biological father’s home even … Continue reading

Posted in Adoption, Case Law Update | Tagged , , , , , , , | Leave a comment