Divorce is a legal process that married couples must complete in order to terminate their union. While some divorces may be relatively straightforward, others can be incredibly challenging, expensive, and hostile regardless of sexual orientation or gender expression.
Many same-sex spouses find it difficult to agree on a fair outcome in their divorce case, making determining the division of marital assets, support payments, and custody arrangements of the utmost importance. You can help protect yourself throughout the process by hiring a Buckhead LGBTQ divorce lawyer. A skilled divorce attorney at our firm has the skills and resources necessary to help you make informed decision during the pendency of your marriage dissolution.
Many couples in the LGBTQ community have been together for longer than the law has recognized same-sex marriages. For example, a same-sex couple seeking a divorce might have married in 2015 but started cohabiting 10 years earlier. Couples of any sex are are likely to acquire substantial assets during their time spent living together.
If an LGBTQ couple decides to end their marriage in Buckhead, they will have to divide their property. Courts will not split the property evenly, but rather try to reach an equitable division of a same-sex couple’s assets. What a court believes is equitable will vary from case to case based on the parties’ financial circumstances and contributions to acquiring the assets.
If one party owned certain assets prior to marriage or acquired them through inheritance or a gift, the court may designate those items as separate property rather than adding them into the property that they will divide. Couples who lived together before same-sex marriage became legal in Buckhead can decide which assets would be subject to division upon divorce, regardless of whether they were acquired before or after the legal marriage.
In certain cases, a divorce can leave the dependent spouse at a financial disadvantage after their marriage is dissolved. Alimony payments are awarded to support individuals who previously relied on their significant other for financial stability.
However, Georgia courts often look at the length of time of the marriage when considering alimony. This requirement creates legal challenges for LGBTQ couples who could not legally marry in Georgia until 2015. For this reason, it is especially crucial for LGBTQ spouses to hire a Buckhead attorney to advocate for their right to alimony after divorce.
Buckhead divorce courts encourage same-sex couples who share minor children to create a custodial arrangement that is fair and reasonable to both parties. It is therefore critical for parents in the LGBTQ community to be aware of their parental rights in the event of a divorce.
For instance, if the parties adopted a child, they should have equal rights to custody, unless the presiding judge finds that a different custodial arrangement better serves the child’s best interests. Additionally, if a parent is biologically related to their child, and the other parent is not and never adopted the child, the court might not view the non-biologically related parent as having equal parenting rights.
Divorces don’t have to be traumatic or involve discord between spouses. Going through these changes and dealing with the stress associated with this highly personal legal process can be made easier with an advocate to represent your legal rights. If you are contemplating dissolving your marriage to your partner, speak to our intake team today to schedule an appointment with a Buckhead LGBTQ divorce lawyer at our firm.