Even with the major progress of same-sex marriage legalization in 2015, countless Americans face speed bumps when attempting to separate. For many, laws surrounding divorce were never clearly laid out from the start; for others, living in different states alone has caused issues. As for Florida’s laws, same-sex couples who marry also have the rights to divorce.
Indeed a liberating event, the nation’s 2015 change in law was one to celebrate. The Tampa Bay Times sheds light on the problems, however, that followed the legalization of same-sex marriage, one of which concerned divorce. Previously, same-sex couples who sought separation faced a conundrum when they discovered divorce was not so simple. Known as “wed-lock,” gay couples were trapped when Florida refused to divorce couples who had married in other states. Another hiccup in the system involved wills; spouses who sought divorce but could not do so also faced issues when attempting to write wills for family, since Florida law requires that spouses receive assets.
The long line of issues same-sex couples have faced when attempting to divorce can seem endless. Naples Daily News adds that, upon legalization of same-sex divorce, judges recognized that individuals should have the right to divorce even when the union occurred out-of-state. As many states shifted attitudes toward gay marriage altogether, it appeared that Florida followed suit, acknowledging that refusing to grant same-sex couples divorce would be in violation of the U.S. Constitution’s vow of equal protection. Same-sex couples across the nation may still struggle with certain aspects of the divorce process, but as a whole, the country seems to be taking steps forward.