Since same-sex marriage became legal in Georgia in 2015, LGBTQ couples in Cobb County have enjoyed all the same rights as heterosexual couples. However, same-sex divorces tend to work a little differently compared to those involving couples of the opposite sex, and those small differences can have a huge impact on how the divorce process plays out and ultimately resolves.
If you would like to divorce from your same-sex or gender non-conforming spouse, contact a Cobb County LGBTQ divorce lawyer at our firm. Working with a divorce attorney who is familiar with the legal and interpersonal challenges that LGBTQ divorces often involve may be essential if you want to effectively protect your legal rights and interests.
If two partners in a same-sex marriage have a child, it is often the case that one or even both parties do not share a biological connection with that child. Fortunately, both legal adoption and marriage to the child’s biological parent can establish “presumptive parentage” regardless of either parent’s sexual orientation or gender identity, and state law has changed significantly in recent years to reinforce the rights of non-biological parents to seek custody and visitation privileges.
That being said, child custody matters are still a particularly complicated element of the LGBTQ divorce process, not to mention an emotionally contentious one. If one party to an LGBTQ divorce had a child before marriage, or a couple married in another and state gave birth to or adopted a child together before 2015, the question of who retains custody following a divorce can be tricky to answer.
Fortunately, help is available from a Cobb County attorney who has successfully handled LGBTQ divorce cases similar to yours. Seasoned legal counsel can provide invaluable help and insight when pursuing custody or visitation as a non-biological parent who has had a prominent role parental role in the child’s life.
Another aspect of the divorce process that can be uniquely complex for couples in the LGBTQ community is the division of assets. Since Georgia only classifies property which was acquired after marriage as subject to equitable division by a court during the divorce process, assets and property an LGBTQ couple obtained prior to 2015 may not be considered “marital property” regardless of how long the two parties were in a relationship – or even married under another state’s laws. For this reason, assistance from a skilled lawyer in Cobb County with experience in handling LGBTQ divorce cases can be crucial to ensuring a fair division of marital property.
While same-sex marriages are now equivalent to heterosexual marriages under federal and state law, the decades of unjust treatment LGBTQ couples in the United States experienced still has rippling effects today. In light of that, effectively and efficiently pursuing a divorce from a same-sex or non-binary spouse can be tricky without guidance from a compassionate and dedicated legal representative.
A Cobb County LGBTQ divorce lawyer can be your strongest and most steadfast ally from start to finish in your divorce. Call our intake team today to schedule an initial consultation.