Case: Shaw v. Shaw

14-00666 | Florida state trial court

Filed Date: 2014

Closed Date: June 30, 2015

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Case Summary

In January 2014, one partner in a same-sex marriage filed a divorce petition in a Florida trial court. The couple reached an agreement through a collaborative divorce process, and then on March 27, 2014, filed an amended petition, with their settlement agreement attached. Both spouses were represented by private counsel; they requested that the court recognize their Massachusetts marriage, so they could file for divorce in Florida. They challenged Florida's same-sex marriage ban arguing that th…

In January 2014, one partner in a same-sex marriage filed a divorce petition in a Florida trial court. The couple reached an agreement through a collaborative divorce process, and then on March 27, 2014, filed an amended petition, with their settlement agreement attached. Both spouses were represented by private counsel; they requested that the court recognize their Massachusetts marriage, so they could file for divorce in Florida. They challenged Florida's same-sex marriage ban arguing that the ban violated constitutional guaranties including full faith and credit, access to courts, equal protection, and the right to travel. The Women's Law Group later joined one of the legal teams.

On May 9, 2014, the court (Judge Laura Moore Lee) dismissed the amended petition because same-sex marriages were not recognized in the state. The next day, the parties appealed, both requesting an immediate decision.

On August 27, 2014, the appellate court voted to send the case directly to the Florida Supreme Court for a state-wide ruling on same-sex marriage ban. Shaw v. Shaw, 2014 WL 4212771 (D.Ct.A.Fl.2nd.2015). However, on September 5, 2014, the Florida Supreme Court declined to hear the case; it held that the matter was not one of great public importance and remanded it to the Court of Appeals. Shaw v. Shaw, 2014 WL 4403366 (Fla. S.Ct. 2014)

In the meantime, another same-sex marriage case, Brenner v. Scott (PB-FL-0015 in this Clearinghouse) was being litigated in the federal courts. That case resulted in a federal court order legalizing same-sex marriage on January 6, 2015. Accordingly, in this case, on June 30, 2015, the Court entered the parties' judgment for divorce.

Summary Authors

Katherine Reineck (3/29/2015)

Beth Richardson (7/24/2015)

People


Judge(s)

Altenbernd, Chris W. (Florida)

Black, Anthony K. (Florida)

Canady, Charles (Florida)

Casanueva, Daryl C. (Florida)

Crenshaw, Marva L. (Florida)

Kelly, Patricia J. (Florida)

Khouzam, Nelly (Florida)

Labarga, Jorge (Florida)

Lewis, R. Fred (Florida)

Morris, Robert (Florida)

Judge(s)

Altenbernd, Chris W. (Florida)

Black, Anthony K. (Florida)

Canady, Charles (Florida)

Casanueva, Daryl C. (Florida)

Crenshaw, Marva L. (Florida)

Kelly, Patricia J. (Florida)

Khouzam, Nelly (Florida)

Labarga, Jorge (Florida)

Lewis, R. Fred (Florida)

Morris, Robert (Florida)

Pariente, Barbara J. (Florida)

Perry, James E.C. (Florida)

Polston, Ricky (Florida)

Quince, Peggy A. (Florida)

Silberman, Morris (Florida)

Sleet, Daniel H. (Florida)

Villanti, Craig C. (Florida)

Wallace, Douglas A. (Florida)

Attorneys(s) for Plaintiff

Rahall, Brett R. (Florida)

Attorneys(s) for Defendant

Cordover, Adam B. (Florida)

Documents in the Clearinghouse

Document

14-00666

Case Summary

June 30, 2015

June 30, 2015

Docket

14-00666

Amended Petition for Dissolution of Marriage (Collaborative Settlement Agreement)

March 17, 2014

March 17, 2014

Complaint

2D14-2384

Certification of Order Requiring Immediate Resolution by the Supreme Court

Florida state appellate court

177 So.3d 977, 2014 WL 4212771

Aug. 27, 2014

Aug. 27, 2014

Order/Opinion

SC14 - 1664

[S.Ct.FL Opinion]

Florida state supreme court

151 So.3d 1228, 2014 WL 4403366

Sept. 5, 2014

Sept. 5, 2014

Order/Opinion

2D14-2384

Order, District Court of Appeal of Florida, Second District

Florida state appellate court

166 So.3d 892, 2015 WL 3439230

May 29, 2015

May 29, 2015

Order/Opinion

Resources

Docket

Last updated July 24, 2022, 3:20 a.m.

Docket sheet not available via the Clearinghouse.

Case Details

State / Territory: Florida

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Same-Sex Marriage

Key Dates

Filing Date: 2014

Closing Date: June 30, 2015

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A same-sex couple married in Massachusetts filing for divorce in Florida.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

The State of Florida, State

Case Details

Causes of Action:

State law

Constitutional Clause(s):

Equal Protection

Full faith and credit

Right to travel

Availably Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Plaintiff

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Order Duration: 2015 - None

Issues

General:

Gay/lesbian/transgender

Marriage

Discrimination-basis:

Sexual orientatation