LGBTQ couples gained the legal right to marry in Georgia in a landmark 2015 United States Supreme Court decision. Unfortunately, not all marriages last forever. If you are considering a divorce, let one of our attorneys help you face difficult hardships and answer your questions.
Dissolving a marriage requires you to address many issues. For example, if children are involved, you will have to draft a custody plan, and if you own property with your partner, you will need to divide it between yourselves. A Suwanee LGBTQ divorce lawyer can address all your concerns and keep you well-informed during the dissolution of your marriage.
LGBTQ parents who go through a divorce will have to create a custody plan to address the care of shared children. The court will consider many factors when making custody decisions, but the guiding principle throughout the process is the best interests of the children.
If a same-sex couple adopted a child, or one party is the biological parent while the other adopted their child, the court will regard them as equal parents. However, if the couple had a child before the state recognized their marriage, and only one of the parents has legal rights, the other parent may face challenges in seeking custody or visitation.
Each case will present its own unique obstacles, and LGBTQ divorcees may have to contend with implicit biases if only one parent is biologically related to the child. Fortunately, a Suwanee attorney can help parents in the LGBTQ community understand their legal options and rights during a divorce case.
If one spouse is the breadwinner and the other has minimal earning capacity, the courts can order the higher earning partner to pay alimony. Alimony payments are typically only awarded after long-term marriages (i.e., those that lasted at least 10 years).
Same-sex marriage has not been legal in Georgia for 10 years, making alimony a complicated factor in many LGBTQ divorces. While a couple who married in another state or entered a domestic partnership might have lived as a married couple for longer than 10 years, the court might deny alimony based on the law’s failure to reflect the true length of their relationship. A local attorney can help divorcing LGBTQ couples in Suwanee understand whether there will be an opportunity for spousal support.
Property division is another difficult part of ending a marriage, regardless of gender identify or expression. A couple can acquire many assets during the course of their union.
Since the courts consider any inheritance, gifts, and assets acquired prior to marriage as separate property and exempt from distribution upon divorce, the issue becomes whether assets acquired during an LGBTQ couple’s union but before their legal marriage would be considered separate or community property.
There are many ways a court can split up marital property, and many couples who leave asset distribution to a judge walk away disappointed. For this reason, LGBTQ spouses are encouraged to enlist the professional help and guidance of an attorney before initiating the asset division portion of their divorce.
Divorce decrees can impose long-lasting consequences on a person’s finances and relationships. It is therefore crucial to work with a dedicated Suwanee LGBTQ divorce lawyer who is familiar with the pitfalls of these cases.
Going through a divorce can be scary and stressful. If you are ending your marriage, you do not have to go through that process alone. Call our intake team today to get started on your case.