Now that gay couples have the chance to marry in Florida, it only stands to reason that they would also have the option to divorce, just like heterosexual couples sometimes choose to do.

Or can they?

According to a report from the Tampa Tribune, gay couples who have contemplated getting divorced – typically, these are geographically transplanted couples who were previously married in other states where gay marriage was legal some time before it was in Florida – still apparently face “confounding barriers”.

The report cites a Tampa couple, previously married in Massachusetts, which has been seeking a divorce in Florida. State courts have thus far not issued definitive rulings on whether to recognize same-sex couples in Florida.

“It would not make sense for the clerks to issue marriage licenses that the courts do not recognize,” said attorney Adam Cordover, who represents one of the women seeking divorce. “It just absolutely would not make sense to do that. But ultimately, the state courts may want to make up their own mind on the merits.”

The same-sex licenses to marry came about in the Sunshine State when a federal judge in Tallahassee ruled that Florida’s legislative and constitutional bans violated the U.S. constitution. When a stay on that ruling expired, the doors were then opened to same-sex marriages.

In another case, the 3rd District Court of Appeal in South Florida recently put forth a ruling that denied a same-sex divorce. This particular couple had wed in Iowa in 2009 and subsequently moved to Florida. In issuing its ruling, the appellate court wrote, “Simply stated, one cannot dissolve a marriage where there is not a marriage to dissolve.” To grant a divorce, the court said, “concedes that a valid marriage in fact exists.”

That made the forecast for gay divorce even cloudier, given that the 3rd District’s ruling appeared just one week after a judge in Broward County had granted a different same-sex couple the divorce they had requested.

In the meantime, the Tampa couple that had been married in Massachusetts is working out their issues through a process called collaborative divorce. All they seem to want from a court at this point is a legal ruling that their marriage is over.

When it comes to divorce, many issues need professional attention and advice. Contact one of our family law specialists to discuss the particulars of your situation.