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Same-Sex Divorce

Alpharetta Divorce Attorneys Assisting Same-Sex Couples Throughout the Divorce Process

Marriage is built on commitment, trust, sacrifice, and love. That is as true for married same-sex couples as it is for heterosexual spouses. Same-sex couples share the same ups and downs, the same assets, and the same responsibilities for raising children as do heterosexual couples. When the U.S. Supreme Court ruled in 2015 that gay marriage was a Constitutional right and legal across the country, it recognized this reality. Same-sex couples finally enjoy the same legal rights and privileges as straight couples, but that also means that they will endure the same divorce process if their marriage ends.

But the issues confronting divorcing same-sex couples can be unique. Given that such marriages have only been legal in Georgia for a relatively short time, the application of Georgia divorce law to such marriages can be fraught with uncertainty. Given that many same-sex couples were in committed long-term relationships and may have signed domestic partnership agreements for years or decades before they could get legally married, how those years are treated is often an open question.

These issues and many others require counsel who understand how the laws and realities of same-sex divorce intersect. At North Metro Litigators, our Alpharetta divorce attorneys work with same-sex spouses whose marriages are coming to an end. With the same care, respect, and attention we provide all of our divorce and family law clients, we provide same-sex spouses with sound guidance and a steady hand as we guide them through the process and position them for a bright and secure future.

Same Laws. Same Issues. Different Challenges.

In Georgia, the same laws and principles apply to all marriages, regardless of the genders of the spouses. Same-sex couples who decide to end their marriage go through the same legal process as their heterosexual counterparts and need to resolve all of the same issues – asset division, child custody, support, and visitation, alimony – that all couples do.

However, same-sex spouses may have issues that straight couples do not face. These can include:

  • Duration of marriage/relationship. Even though Georgia law did not allow for same-sex marriage until 2015, plenty of states did allow such marriages for years before the Supreme Court’s decision. Additionally, many couples who could not get married legally have been together for a very long time, entered into civil unions, or executed domestic partnership agreements. Such couples may have lived as if they were married in terms of sharing assets, buying property together, and otherwise intertwining all aspects of their lives. Judges will need to apply existing law to such circumstances and doing so may lead to different results than they would for heterosexual couples.
  • Children. Unless a couple adopts a child together, only one parent in a same-sex marriage will be the child’s biological parent. This means that the other parent will not be on equal footing unless they have legally adopted the child as well. This can impact how a judge resolves custody, visitation, and the allocation of parental responsibilities.
  • Alimony. The decision whether to award alimony and how much it should be is based on many factors such as duration of the marriage, sacrifices made by one spouse, and the respective earning capacities of each spouse. For same-sex couples, how a judge treats the years they were together before they were allowed to marry will play a huge role in the outcome of alimony determinations.

Call the Alpharetta Divorce Attorneys at North Metro Litigators Today

If you are facing the prospect of divorce from your same-sex spouse, the Alpharetta divorce lawyers at North Metro Litigators stand ready to provide you with effective, comprehensive, and compassionate divorce representation at a reasonable cost. Call us today at 770-517-0045 or contact us to arrange for your free initial consultation.