On June 26, 2015, the US Supreme Court ruled that all states must:
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:
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.
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.