On June 26th, 2015, the United States Supreme Court ruled – 5 to 4 – in favor of legalizing same-sex marriages across the country, overruling previous bans 13 states had in place. The controversy of the decision was sparked immediately, with opposition to the ruling believing that religious freedoms and states' rights were violated. More than same-sex marriage rights have been altered, however, and it is yet to be seen if the other changes will cause controversies of their own.
Reviewing Divorce and Family Law
When same-sex couples were granted marriage rights across the nation, they were simultaneously granted divorce rights. Previously, if a state did not recognize the legal union of a same-sex couple, despite it being created officially under law, it would not provide them with the ability to file for same-sex divorce. This meant that couples were becoming trapped in marriages that they would rather have seen come to an end but had no means of doing so without moving out of state.
Same-sex marriage rights have also shone a light on other aspects of family law that traditionally surround divorce. Child custody cases could require some review and the laws about them may need redrafting, as mothers tended to see favor from courts and judges. The same can be said in matters regarding fathers' rights during a divorce and winning or providing alimony.
Overall, the changes that may come to the system could prove to be a breath of fresh air into legislation that was already in need of review. If you are in a same-sex relationship and need help understanding your newfound rights in Florida – or if you need to file for divorce and want to do so correctly – contact the St. Augustine divorce attorneys at Taylor & Waldrop Attorneys today. We have more than 40 years of combined experience we can use to help you set down the right path and protect your rights in court, if need be.