Many aspects of same-sex divorces are similar, if not identical, to those between heterosexual couples. If you are considering a divorce or are already involved in one, you should consult with a local attorney who understands LGBTQ rights in Georgia as soon as possible.
A skilled Atlanta, GA LGBTQ divorce lawyer at our firm can help safeguard your legal rights and represent your interests during this challenging time in your life. Qualified representation can ensure that you get the custody arrangement, property distribution, and financial support you need to live a fulfilling life after the dissolution of your marriage.
When same-sex or gender non-conforming couples have or adopt a child during their marriage, both parties are presumed to have equal parenting rights. Since same-sex marriage only became legal in Georgia in 2015, some LGBTQ couples became parents before the state recognized their unions. This can create complications for parents who are not be biologically related to their child or for those who are not the adoptive parent. Every divorcing LGBTQ parent in Georgia should speak to a local attorney to learn more about their parental rights and ability to obtain custody.
Financial considerations are a large part of the divorce process. Partners enter a marriage with their own assets and typically acquire marital assets after getting married. Atlanta courts do not consider property acquired prior to marriage as belonging to both parties, meaning it is not subject to distribution during a divorce between LGBTQ spouses.
Inherited property would also remain under sole ownership regardless of when it is acquired. However, separately owned assets may become marital property if they are commingled. The courts must equitably divide all a couple’s marital assets upon divorce. For this reason, it is important to speak to a Georgia attorney about property rights for LGBTQ spouses before entering divorce litigation.
Local courts must also consider whether either party to an LGBTQ divorce case is entitled to spousal support but typically only award alimony in marriages of long duration. Given the relatively recent legalization of same-sex marriage, most LGBTQ marriages will not have lasted long enough for spousal support to be a major concern. A parent in the LGBTQ community may also be entitled to receive child support from their co-parent regardless of the length of their marriage.
While divorcing same-sex or non-binary couples might feel overwhelmed by the emotional challenges of ending a marriage, it’s important to remember that divorce is a legal process that will continue to impact them for years to come.
Hiring an Atlanta, GA LGBTQ divorce lawyer allows you to focus on moving forward while your attorney protects your rights and interests throughout the process. A strong legal advocate on our team can make your divorce less stressful and answer all your questions, so give us a call today.