Atlanta Same-Sex Divorce Attorney
Same-sex divorce involves unique legal and emotional considerations. Our Atlanta same-sex divorce attorney at Kaye, Lembeck, Hitt & French can guide you through every step of this challenging journey and shed light on some of the vital aspects of same-sex divorce.
The State of Georgia Recognizes Same-Sex Marriage
The state of Georgia recognizes same-sex marriages following the landmark U.S. Supreme Court decision in Obergefell v. Hodges in 2015. This ruling made it unconstitutional for any state to ban same-sex marriage, ensuring same-sex couples in Georgia have the same legal rights to marry as opposite-sex couples.
Is Divorce the Same for Same-Sex Couples?
In many respects, the divorce process for same-sex couples in Georgia is similar to that for opposite-sex couples. The same legal grounds for divorce apply, and both parties have equal rights to assets, alimony, and child custody.
There may be unique challenges that same-sex couples face, such as legal complexities related to adoption or artificial insemination, and disputes over parental rights may become an issue due to one spouse not being the biological parent.
Additionally, complications may arise related to the division of assets acquired before the legalization of same-sex marriage in Georgia.
Domestic Partnership Agreements vs. Same-Sex Marriage
Domestic partnership agreements and same-sex marriages are not the same in the eyes of the law. While domestic partnerships offer some legal benefits, they do not provide the same extensive rights and protections as a legal marriage. Consequently, the dissolution of a domestic partnership is generally less complex but may offer fewer protections regarding asset division, spousal support, and child custody.
Child Custody in Same-Sex Divorce
For same-sex parents, it is often a situation where one partner is the biological parent and the other is not. In such cases, the non-biological parent may need to undergo legal adoption procedures to secure parental rights, ensuring both parents have an equal say in the child’s life after the divorce.
The court’s primary focus in Georgia is on the “best interests of the child,” a standard that applies to same-sex and opposite-sex couples. The court may consider various factors, such as each parent’s role in the child’s life, to determine what arrangement best serves the child’s needs and well-being.
Your Rights in a Same-Sex Divorce
While there are similarities in principles to a divorce between a man and a woman, same-sex divorces often involve considerations, and understanding your rights in same-sex divorce is important. Whether it’s asset division, alimony, or child custody, you are entitled to a fair legal process.
Contact Our Law Firm
A same-sex divorce presents unique challenges requiring specialized legal expertise. With Kaye, Lembeck, Hitt & French by your side, you ensure your case is handled with the sensitivity, expertise, and legal understanding it deserves. Call our Kaye, Lembeck, Hitt & French Atlanta same-sex divorce attorney for help with family law and same-sex divorce matters.
