Boca Raton Family Law Attorney

Same sex marriage now recognized in Florida

Before the lead case of Brenner v. Scott, marriages between persons of the same sex entered into in Florida or anywhere else were not recognized for any purpose in Florida. However, On January 6, 2014 The U.S. district court ruled the state same sex marriage ban unconstitutional. By statute, Florida defines the term “marriage” as only a legal union between one man and one woman as husband and wife, and the term “spouse” applies only to a member of such union. It is apparent now, as a result of recent court cases that same sex marriage is a reality in Florida even though not recognized by statute.

Florida Courts Have not Allowed Divorces by Same Sex Couples

One Florida Circuit Court in Broward County did initially rule to go forward with a divorce but finally had to withdraw the ruling because the Florida attorney general had not been properly notified. It appears to be a matter of time before Florida recognizes divorces as well as marriages between same sec couples.

Unmarried partners have, however, been granted relief in Florida in some Florida cases. Relief similar to that granted in the Florida divorce statute (chapter 61) has been available on a limited basis.

Examples:

Court affirmed a temporary restraining order enjoining one party from disposing of four pieces of valuable jewelry in parties. The personal relationship
Court awarded temporary support to alleged wife even though husband attacked validity of marriage

Florida Does not Recognize Palimony but Written Contract for Support is Enforceable

Florida law creates no legal rights or duties between unmarried couples who live together and thus, does not recognize a claim for palimony. However, unmarried couples may privately commit by contract to spend their money as they choose. Therefore, an agreement for support between unmarried adults, whether the same-sex or different sexes may be enforced by a court unless the agreement is deemed to be based on illicit consideration of sexual services. In one case an unmarried cohabitant sued her companion to enforce a support agreement. The companion counterclaimed for the court to determine whether a set damage provision was enforceable. On appeal, the appellate court held that the cohabitation agreement between unmarried, homosexual adults was enforceable; and the companions commitment to make monthly payments to the cohabitant on termination of the agreement was enforceable and not a penalty.

Oral Agreements for Support

In Florida, courts have split as to whether agreements for support between unmarried adults must be in writing. In one case the court upheld the agreement between an unmarried putative father to support a pregnant woman during pregnancy and for reasonable time thereafter.

Same Sex Adoption Judgment From Foreign State

A Florida court is required to fully recognize and adoption judgment entered in a foreign state, even if the biological mother of the child in the adoptive parent on a same-sex couple for the purpose of determining parental responsibility, contact and support as to the adoptive child.

Contact a Boca Raton Family Law Attorney

At Mishali Law family law attorney we handle the full range of family law matters. With over four decades of experience we will represent you and counsel you with compassion and confidentiality. Please contact Boca Raton family law attorney, Jessica Mishali at (561) 833-2772 or contact us online for a consultation.

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"You must read this. Don’t be fooled and get scammed by other attorneys. They’re all like used car salesmen—promising you the world, but delivering nothing. Most of them are scammers and manipulators who work together only to benefit themselves. Take it from me—I was scammed by two of them and lost tens of thousands of dollars. Sleepless nights, constant aggravation, and overwhelming frustration followed. They created unnecessary conflicts and overbilled me just to line their own pockets. I never saw the light at the end of the tunnel.

Then I met Jessica. I consider her an angel—professional, sharp, honest, loyal, knowledgeable, truly dedicated, and a real friend. What she accomplished in just one month was incredible. I truly owe her my life. The amazing thing about Jessica is that she’s not a salesperson. She won’t try to “sell” herself to you. You have to be smart enough to recognize her value and trust her. I did, and I’m deeply thankful for it. I’m sharing this so others don’t make the same mistake. Please feel free to contact me if you have any questions."

Azaria G.

"Shes the best at what she does got my case lowered from felony to misdemeanor case closed she really goes hard in court doesnt waste no time very nice constant Communication the best!"

Manuel P.

"Represented by attorneys in over 18 cases since 1999 and never been impressed by none of my attorneys which 80 percent of them have been hired by myself not public pretenders or court appointed clowns..but Jessica has left an unforgettable impressing image of a real deal go hard balls to the walls attorney in my mind..i recommend her 110 percent for any criminal case she is a beast in trial..she won mine..and I've noticed that alot of the fake defence lawyers and prosecutors hate her because she will make the state work real hard and makes the defence lawyers look weak and stupid because they are incomparable...im not talking about all the lawyers because a FEW are good but nothing like jessica"

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"Jessica Mishali did a wonderful job with my client. She is really great at explaining legal questions and takes the time to listen. A+ Highly recommended!!"

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"Jessica was by my side me every step of the way through my stressful and complicated court case. She went above and beyond to help me and I can’t thank her enough. She is very experienced and professional and I would recommend her to anyone that needs legal help."

Taylor B.

"Jessica Mishali is a great, very compassionate lawyer. Always in touch with her client & families. Very knowledgeable & knows what she’s doing with her case’s. Does everything in her power to help her clients with their case for best results & outcome. I speak from personal experience, Thank You Jessica."

Mily M.

"Jessica is so compassionate and caring towards her clients and families! She is an amazing attorney and knows how to make things right for her clients!! From the beginning of my ordeal which was solved super quick, until now over 2 years later. She continues to follow up with me! I Couldn't ask for a better attorney!"

Rakenya

"I couldn’t have asked for a better attorney! After talking with Jessica, the very first time, she could tell by my voice how stressed out I was!
She told me to relax, and not to worry, because I was in very good hands, and boy, was she right!
I immediately felt my stress level drop dramatically!
She didn’t have much time to work with me, as I was only given a few days notice that I would have to retain an attorney and appear in court.
Jessica didn’t waste any time whatsoever and took the time to walk me through what I would be going through, and what I needed to do in order to prepare for my case.
She is an extremely Knowledgeable and
No nonsense attorney, who will fight fiercely and tirelessly for you!
When we were in court, it was amazing to watch her work!
She was totally prepared and everyone in that court room, including the judge, and the opposing attorney, could see and feel her confidence!
We won the case in a matter of minutes!
If you’re looking for, and need a really good attorney, look no further!
Jessica and her amazing team will work hard to get you the results you’re hoping for and Peace of Mind!
Not only did I get the best attorney, but I also made a friend!
I feel great knowing that she’ll always be there for me, if I ever need her services again!
Give her a call, you won’t regret it!
You can’t put a price on Peace of Mind! Thank you again Jessica, for being there for me , when I needed someone to help me during the most stressful time in my life!
You were a Godsend!"

Former Client

"From the moment I first talked to Jessica I knew she could and would handle my case with professionalism and kindness which is exactly what she did !! So Thankful she took my case !!"

Beverly R.

"Ms. Mishali and her team possess a ton of experience and provide exceptional legal advice. They are not afraid to go to court and once there, Ms Mishali’s courtroom skillset is very impressive. I enthusiastically recommend Mishali Law for your family law and divorce law needs."

Mike M.

“A lawyer’s duty is to read the law accurately, argue the case truthfully, and serve their client with unwavering commitment.” – Abraham Lincoln

By this definition, Jessica Mishali isn’t just a great lawyer—she’s an extraordinary one. In fact, she’s the kind of lawyer most people don’t believe exists until they meet her.

From the very beginning, she didn’t just see my case as another file on her desk. She saw the injustice for what it was, she saw the human toll it was taking on me, and she made it her mission to set things right.

The case I was facing was beyond frustrating—one that, in my opinion, should have never made it as far as it did. My girlfriend’s ex-husband pursued legal action that felt designed not for justice but as a means of manipulation. The claims were so outlandish that most people would have struggled to take them seriously. But Jessica didn’t just dismiss them—she methodically dismantled them, one by one, using nothing but the truth and the law.

“The leading rule for the lawyer, as for the man of every calling, is diligence.” – Abraham Lincoln

There wasn’t a single tactic my girlfriend’s ex and his lawyer didn’t try. Every delay, every loophole, every technicality they could push—they used it. But Jessica never took the bait. She never needed to play games because she was always ten steps ahead. Watching her work was like watching a master strategist at play. She didn’t just react to their moves—she anticipated them, neutralized them, and made it clear that she was in complete control of the case. It was like a game of legal Whack-a-Mole, and every time they tried something new, she shut it down with precision. You could see the frustration building on their faces as they ran out of ways to keep the case alive.

Yet, through it all, she never once lost her integrity.

“A lawyer without ethics is just a clever devil.” – Sir Thomas More

This is what truly separates Jessica from so many others—she is as honest as she is brilliant. There was never a moment where I felt she was stretching out the case unnecessarily or looking for ways to bill more hours. She was upfront, clear, and fair about everything. She never tried to earn a dime she hadn’t worked for, and she made sure I always knew exactly where things stood. That kind of honesty in a lawyer is rare—but with Jessica, it’s just who she is.

And in the end? Justice won. The temporary restraining order was lifted, and all the tactics that were meant to intimidate and exhaust me fell apart under the weight of their own absurdity.

But for me, the greatest victory wasn’t just winning the case—it was the fact that I never had to go through it alone. Jessica was more than my attorney; she was my protector, my voice, and at times, my only real source of calm and sanity in a process designed to wear people down.

By the time it was over, I didn’t just feel like I had the best lawyer on my side—I felt like I had gained a big sister. Someone who fought for me not just because it was her job, but because she truly believes in standing up for what’s right.

If you need an attorney who is fearless in court, tireless in preparation, ethical in every sense of the word, and personally invested in the people she represents, then stop searching.

Jessica Mishali is that attorney.

Call her. It will be the best decision you ever make.

Matthew G.