Divorce laws in Georgia apply to LGBTQ couples just as they do to any other married couple in the state. However, some aspects of a divorce might be slightly different in cases involving spouses in the LGBTQ community, depending on the circumstances.
When two spouses decide to end their marriage, the courts can step in and help create an equitable division of property, support arrangement, and custody or visitation terms for minor children if the parties cannot agree on these terms independently. Some couples are able to negotiate terms without much contention and can save time and money as a result.
If you are seeking to get divorced or have already initiated the marriage dissolution process, enlist the help of a Milton LGBTQ divorce lawyer. A local divorce attorney can advocate for your best interests throughout the dissolution of your marriage and build a strong case to protect your rights.
Georgia is a no-fault divorce state, meaning neither party has to prove that the other is responsible for the breakdown of the marriage to file for divorce. Instead, the parties can agree that they have irreconcilable differences and choose to go their separate ways amicably.
While the ability to file for divorce without proving fault effectively simplifies the process, the parties may not agree to every aspect of their case. In other words, a no-fault divorce can be more amicable, but litigation may become necessary in cases where the spouses cannot reach an agreement on their marital issues.
The outcome of a divorce can affect the parties for a significant period of time, regardless of their sexual orientation or gender identity. Reaching an equitable agreement independently is often the best way to move forward in a positive direction after your marriage with your partner has been dissolved. Both parties to an LGBTQ divorce are encouraged to hire a Milton lawyer who can help draft a fair and comprehensive agreement to present to a judge.
In any divorce case, the parties must find a way to divide their marital property, which includes any assets acquired after marriage. In cases where an LGBTQ couple cohabitated before getting married as a result of not being able to enter a legal marriage until 2015, their divisible property may be more difficult to discern in the event of a divorce.
Marital property typically applies to assets acquired in the course of the marriage but excluding gifts and inheritances. Property from before the marriage and that which is received through gifts and inheritances would remain under sole ownership, unless the other spouse financially contributed thereto. For instance, if one of the individuals bought a home before marriage, both parties might have contributed to the mortgage after their union.
The question that a Milton attorney can help answer is whether an LGBTQ couple’s assets acquired before legal marriage in 2015 would be eligible for division upon divorce. One of our team members can help you organize all your assets in preparation for an LGBTQ divorce.
Custody battles can be devastating for parents if handled poorly. Some LGBTQ parents have to litigate what rights will be granted to a biological parent as opposed to a non-biological parent. They may also have to assert their rights as adoptive parents.
In these cases, the court will have the final say over who the child will live with most of the time and whether the other parent will be granted visitation rights. An experienced lawyer in our area can help LGBTQ parents understand their rights and options to obtain custody or visitation with minor children.
If you are looking to divorce your partner, there are many factors you will have to consider to ensure a fair and equitable outcome. The decisions that the court makes in any divorce case can impact a person for many years to come.
Hiring a Milton LGBTQ divorce lawyer means having a legal representative advocating for your rights. When it comes to dissolving a marriage, there is a lot at stake, so it’s imperative to make sure that you have the help you need. Call today to learn more.
Atlanta Divorce Law Group