Legal and emotional aspects of ending a marriage are common to all couples. Just like heterosexual couples, same-sex couples may face the same challenges in divorce proceedings such as property division, spousal support, child custody, visitation rights, and more.
Prior to the recognition of same-sex marriage in Georgia, legally married same-sex couples might have encountered difficulties when seeking a divorce due to the lack of recognition of their marriages. However, since same-sex marriage is now recognized in Georgia, same-sex couples have the legal option to pursue a divorce, just like their heterosexual counterparts.
It's essential to note that divorce laws can vary from one state to another, so the specific procedures and requirements for same-sex divorces in Georgia may differ slightly from those in other states. To navigate the process successfully, it's advisable for same-sex couples seeking a divorce to consult with an experienced family law attorney who is familiar with Georgia's laws and practices related to same-sex marriage and divorce.
Get in touch with Attorney Sharon Jackson today! Just dial (678) 909-4100 to set up your consultation.
In 2015, a landmark judgment in the case of Obergefell v. Hodges by the Supreme Court ensured equality in marriage laws, all across the nation. And quite naturally, same-sex marriages could also lead to same-sex divorces. Therefore, it is vital that you, as a member of the LGBTQ community in Georgia, understand your legal rights.
While the law grants same-sex married partners the same rights as traditional couples, it's not always a smooth journey. Separation, divorce, and issues surrounding child custody could sometimes be complex. So, the million-dollar question is, what's the best way to navigate these processes? Let's take a look at some things that you should definitely understand.
Did you know that marriage equality only became legal across all 50 states in 2015? Before this milestone, lots of LGBTQ couples were already sharing assets, which means there was already a mix of assets even before marriage. This can sometimes make the process of dividing assets in a divorce a little complicated.
Usually, only assets acquired during the marriage count as marital assets. But what about assets that were shared earlier? If an agreement cannot be reached, courts can step in to divide the marital assets. But in the first place, how can you tell which assets are marital and which aren’t? That's why having a skilled family lawyer in your corner is super important.
Spousal support, more widely known as alimony, is a court-enforced financial assistance that one spouse provides to the other. Traditionally, alimony is associated with married couples, particularly in situations where the wife may not have been working during the marriage.
However, the concept of spousal support extends far beyond these traditional relationships. It's a bit more complex, and when it comes to couples within the LGBTQ community, it can become even more nuanced.
Usually, how long a couple was married determines the spousal support. But it can get quite a bit trickier for same-sex couples. Apart from that, a high-earning partner is typically required to pay spousal support to their lower-earning or non-earning spouse.
For families within the LGBTQ community, navigating child custody matters can be quite challenging. Generally, one or both parents may not have a biological link with the child. The situation becomes even more intricate when there's a biological mother involved. According to Georgia law, there's no legal recognition for three parents.
However, the recently introduced Equitable Parenting Act could open some new doors. Even though it's relatively new and isn't yet fully proven in appeal courts, this fresh piece of legislation promises some hope. It proposes that non-biological parents could have the same child custody and visitation rights as biological parents, provided certain conditions are met. This paves the way for non-biological or non-adopted parents to potentially have rights legally awarded to them.
With such new developments in the legal landscape, it certainly makes the role of a family lawyer even more vital. An experienced legal hand can help navigate these new waters and ensure the best for everything concerned.
In Georgia, the laws surrounding divorce for same-sex couples only kick in if the couple is legally wed. These divorce laws don't have jurisdiction over domestic partnerships or couples who haven't tied the knot.
Lots of domestic partnerships fall under what's known as domestic partnership agreements. These are legal contracts that clearly define certain rights and responsibilities for couples. This arrangement is ideal for those who don't want to get married but still want some safety nets in case the relationship doesn't work out.
For unwed couples without a domestic partnership agreement, dealing with a breakup can get quite challenging. So, it's always good to explore all the options.
Now that same-sex marriage is officially recognized in Georgia, it also means, unfortunately, divorce is possible as well. Are you one of those same-sex couples who've been together for ages but only tied the knot later in your relationship? In that case, it might be a good idea to seek legal advice to understand how these fit into your unique situation.
For couples who've decided on a domestic partnership outside of marriage, we're here to help! We make use of mediation and the collaborative process (which means we're all in this together, working as a team) to solve issues effectively. This includes handling complications around the division of property, figuring out spousal or child support payments, and addressing all other areas linked with the end of your relationship.
What’s more, our team is versed in all issues related to same-sex adoption and parental rights. Georgia law may not award legal rights to a non biological parent, but we're here to walk you through the options you do have.
Navigating an LGBTQ divorce can be difficult without specialized legal knowledge. You need to grasp what rights you're entitled to when it comes to support, assets, and child custody.
If you're contemplating divorce or are already in the midst of one, we recommend you get in touch with a local lawyer who's intimate with LGBTQ rights in Georgia immediately. Feel free to reach out to Attorney Sharon Jackson in Gwinnett County at (678) 909-4100.
Attorney Sharon Jackson LLC
175 Langley Drive, Suite A1
Lawrenceville, GA 30046
Phone: (678) 909-4100
