On June 26, 2015, the US Supreme Court ruled that all states must:
- Recognize a marriage between two people of the same sex
- Issue marriage licenses for same-sex couples who apply for them
Recognizing Gay Marriage in Georgia
In the past, gay couples have not been able to legally marry in the State of Georgia. Some Georgia homosexual couples got married by traveling to another state that did allow same-sex marriage. However, Georgia still did not recognize these marriages as legal. Georgia law now recognizes these same-sex marriages and others that have taken place in Georgia since the 2015 US Supreme Court ruling.
This new recognition also means that:
- Children born during these marriages should have two legally-recognized parents, regardless of gender or biological connection.
- Georgia’s family law and courts are available to same-sex married couples for the issues already available to heterosexual couples. These issues include divorce, child support, child custody, spousal support, property division, and more.
Precautions for Georgia Same-Sex Divorces
Many Georgia courts and judges may be unfamiliar with the unique family creation and relationship nuances of same-sex families. Gay couples seeking divorce could face bias, lack of experience, or insensitivity during the divorce process. However, keep in mind that both same-sex and heterosexual couples have equal access to and the same rights in the Georgia legal system.
Same-sex couples who wish to divorce may want to consider alternatives to the Georgia court system. These options, also available to heterosexual couples, include Alternative Dispute Resolution (mediation), collaborative law, and private judicial services. These solutions allow for a less confrontational approach to divorce and related issues, such as parenting time and property division. In addition, gay couples can use these methods to resolve their differences privately rather than in open court proceedings.
Contact Your Marietta Same-Sex Divorce Attorneys
At Bivek Brubaker & Prescott, our Marietta divorce lawyers are thoughtful and respectful of your same-sex family. Our experienced divorce attorneys know how to use creative lawyering and thinking outside the box to reach the best divorce result for you. Contact our Georgia divorce attorneys today for a 30-minute consultation.