Same-Sex Divorce Lawyers in Atlanta

 How Is Same-Sex Divorce Different?

Although same-sex marriage has been legally recognized nationwide since the 2015 U.S. Supreme Court ruling in Obergefell v. Hodges, many same-sex couples face complexities that heterosexual couples generally do not encounter. 

These challenges often arise from:

• Prior legal relationships. Some couples entered into domestic partnerships or civil unions in other states before marriage equality was recognized. Georgia does not always clearly address how these prior arrangements affect divorce, which can complicate issues like property rights or spousal support.
• Property division. Because same-sex couples may have been in committed relationships long before they could legally marry, identifying what is considered “marital” versus “separate” property becomes more difficult. Assets acquired before the legal marriage may not be subject to equitable division under Georgia law, even if both partners contributed equally over many years.
• Parental rights and custody. Custody disputes can become particularly complicated if one parent is biological or adoptive and the other is not legally recognized. If a non-biological parent has not formally adopted the child, they may face significant challenges in asserting custodial or visitation rights. Georgia courts prioritize the child’s best interests, but legal recognition of both parents can be a barrier for same-sex couples.