Same-Sex Divorce

While same sex partners have the same rights as any other couple under Georgia divorce laws, there are legal complications that can arise when break ups occur. At Stearns-Montgomery & Proctor, our Georgia divorce attorneys provide trusted, experienced legal representation in these situations. Our knowledge of the Georgia same sex marriage and divorce laws and how they apply to your situation helps to ensure you the best possible results in your case.

One would think that same-sex divorces are legally synonymous to heterosexual divorces, and while there are consistencies in both, complications and complexities are still very prevalent. Child custody and asset distribution are prime examples of what make the two unique. We receive frequent questions regarding same-sex divorce, as there is often confusion from what state-to-state legal abides by. We encourage you to read for more information, understand the legal parameters for your uniue situation, and hire an experienced attorney.

Issues in Georgia Same Sex Divorce

The Supreme Court ruling in the case of Obergefell v. Hodges legalized same sex marriage across the country in 2015. Prior to the ruling, same sex couples often entered civil unions in which they shared homes, belongings, businesses, and bank accounts. While the law treats these couples the same as any other in seeking a divorce, property division is often more complex.

Under the Georgia divorce statutes, marital property is subject to the rules of equitable distribution. This requires any homes, cars, furnishings, and financial assets that were earned or acquired during the marriage to be divided on a fair but not necessarily even basis. As same sex married couples likely have significant joint holdings from their time together, additional negotiations are required to address premarital property and ownership issues.

Let Us Help You Today

For same sex divorce help, our Georgia divorce attorneys act as a strong legal advocate on your behalf, helping to ensure you get what you are entitled to in your divorce settlement. Reach out and contact Stearns-Montgomery & Proctor today to request a consultation to discuss your case.

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