Can gay people get married in florida

Now that same-sex couples can legally marry and obtain divorces, they are able to enjoy the more convenient, less-costly process for name changes.

Obtaining a Marriage License

The process to obtain a marriage license in the state of Florida is the same for all couples. To obtain certain benefits, however—such as adding your spouse to your health-insurance plan or making certain pension-benefit designations—you will need to take action (usually filling out and submitting a form), just as a different-sex couple would be required to do.

Understanding its legality in states like Florida is essential for residents and those planning to marry there.

Legal Standing in the State

The legal status of same-sex marriage in Florida has undergone significant change. However, federal protections under the 2020 Bostock v. The existing statutory framework was gradually realigned to accommodate the federal ruling.

Hodges required all states, including Florida, to recognize same-sex marriages, invalidating the state’s ban.

Following this ruling, Florida’s legal system adjusted accordingly. This ensures that a marriage solemnized in Florida holds the same legal standing across all U.S. states.

This nationwide recognition extends to rights such as filing joint federal tax returns, spousal healthcare benefits, and inheritance rights.

The license fee may be reduced upon completing a Florida licensed premarital course.

Conversations about managing money, incurring debt, making major purchases, taking time off from work to pursue higher education or vocational training, and saving for retirement should be part of preparing for marriage. Do we need to marry again in Florida for the state to recognize our marriage?

No.

If you were legally married in another state, you do not need to marry again in Florida. In 2008, Florida voters approved Amendment 2, amending the state constitution to define marriage as a union between one man and one woman. Here at My Florida Family Law Firm, our family law attorneys have experience working with same-sex couples and members of the LGBTQ+ community on all family law matters.

Most states that banned same-sex marriage would also refuse to recognize same-sex couples who married in another state as a legally married couple. These elements collectively shape the legal framework governing same-sex marriages within the state.

Legal Status of Gay Marriage in Florida

The legal status of gay marriage in Florida has transformed, particularly since the U.S.

Supreme Court decision in Obergefell v. If either spouse was previously married, some counties in Florida require proof of the termination of the prior marriage, usually either a final judgment of dissolution of marriage or a death certificate. Following these landmark cases, same-sex couples were granted all the rights and responsibilities of marriage previously afforded to only heterosexual couples.

The process involves filing a petition for dissolution of marriage, which may be contested or uncontested depending on the agreement over asset division, child custody, and support.

Florida practices equitable distribution of marital assets and debts, considering factors like the length of the marriage and each party’s financial situation.

The Florida Civil Rights Act does not explicitly protect against discrimination based on sexual orientation or gender identity. Our attorneys take the rights of LGBTQ+ families very seriously and will work hard to ensure all of your needs are addressed to obtain you the best results possible. State agencies, including the Florida Department of Health and the courts, had to adjust their procedures to ensure marriage licenses and benefits were equally accessible to same-sex couples.

Hodges that same-sex couples can exercise the fundamental right to marriage in all states. The ACLU is committed to ensuring that lesbian and gay couples can get marriage licenses in all of Florida's 67 counties.