A state judge on Monday declared Florida's ban on gay marriage unconstitutional.

Broward Circuit Judge Dale Cohen declared the ban, adopted by voters in 2008, invalid and ordered Florida officials to recognize the civil union of Heather Brassner and Megan Lade for the purpose of a divorce.

“Florida's prohibition on same-sex marriage denies some citizens, based on their sexual orientation, the fundamental right to marry, and does so without a legitimate state purpose,” Cohen wrote. “This Court finds these laws are unconstitutional and GRANTS the Petitioner's Motion For Declaratory Relief, declaring Florida's ban on same-sex marriage unconstitutional.”

Cohen's ruling is not surprising given that he handed down the same judgment in August. However, Cohen vacated his ruling after learning that the state was not properly notified.

Brassner and Lade entered a Vermont civil union in 2002. According to Brassner, the relationship soured four years ago after Lade cheated on her and soon after disappeared.

A divorce in Vermont is not possible because the state wants Lade to sign off on the split.

Brassner told The Miami Herald in August that she's ready to move on and perhaps one day marry her new girlfriend.

Last week, a federal appeals court refused to block a separate ruling ordering Florida officials to begin issuing marriage licenses to gay couples after January 5.

(Related: Gay couples in Florida may begin marrying after January 5.)