State judge stays order regarding gay divorce

Judge: Heather Brassner's attorney failed to notify attorney general's office

Heather Brassner challenged Florida's same-sex marriage ban. Brassner, who entered into a civil union in Vermont in 2002, has lived in Florida for 14 years.

BROWARD COUNTY, Fla. – A state judge has stayed his order that a gay couple could divorce.

The failure by the attorney for Heather Brassner to notify the state attorney general of her lawsuit is having some major consequences, at least for the moment. 

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Judge Dale Cohen had ruled last month that Florida's ban on gay marriage is unconstitutional, which meant Brassner could be legally divorced from her former partner.

But it turns out Brassner's attorney never legally notified the attorney general's office of her lawsuit. 

The judge, who was going to rule Tuesday that the divorce was legal, instead stayed his ruling, which means the case goes back to square one. 

The judge encouraged Brassner to refile, and Local 10 News is told that she will.  But her divorce request is on hold, as are ceremonies for many gay couples who had planned to get married in Broward County as soon as Wednesday. 


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