Same Sex Divorce

The LGBTQ community has worked extremely hard over the years for same-sex marriage to be recognized with the same rights as heterosexual marriages. All of their hard work paid off on January 6, 2015 when gay marriage became legal in the State of Florida. However, the fight isn’t over. Due to the archaic nature of the legal system, same-sex marriage is in its infancy and judges are left with little-to-no guidance on how to rule. The laws were originally written with heterosexual couples in mind and now are left to the judges for interpretation.

With marriage comes divorce. Florida granted its first gay divorce in 2015. If you seek a divorce from a same-sex marriage in Florida, there are a few things that are necessary:

Florida has to be the residency state for at least one of the parties
Residency in Florida must be a minimum of 6 months.
Filing must take place in the county of which one of the parties resides

It is anticipated that same-sex couples seek divorce at a comparable rate when compared to heterosexual couples.*

Same-sex divorce is a complex practice. Holly Gershon is experienced with gay marriage and can assist throughout this very new process.

*The Washington Post article by Andrew Gelman on 12/15/14


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Danny Haverman

Holly Gayle Gershon


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Boca Raton, FL 33432

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