FAQs for divorce gavel image

Domestic Partnership FAQs


Can same sex couples be married in Georgia?

A constitutional amendment was enacted that prohibits gay marriage in Georgia. Marriages between persons of the same sex are prohibited in this state. Same sex marriages recognized by other state are also considered void in Georgia, partners are not entitled to the benefits of marriage, and contractual rights pursuant to a same-sex marriage license are considered unenforceable.

If I was married in another state that recognizes gay marriage, can I be divorced in Georgia?


Are domestic partnerships legal in Georgia?

The same constitutional amendment that prohibits gay marriage also prohibits gay couples from entering government recognized domestic partnerships.

Do employers or local governments in Georgia provide domestic partner benefits?

Yes. Many employers, such as Delta Airlines, and some local governments, like the City of Atlanta, do provide domestic partner benefits such as insurance coverage. The Courts have upheld these benefits.

Can gay people adopt children in Georgia?

In Georgia, adoption remains at the discretion of Superior Court judges, but there is no legal prohibition on gay people adopting children simply because they are gay.

If same sex couples cannot get married in Georgia, is there some other way to form a legal relationship with your partner?

Gay couples may form relationships that are in some ways similar to marriage, such as joint ownership of property and investment accounts. They can also execute “reciprocal” wills, powers of attorney, health care surrogacies and advance directives for healthcare. Gay couples can also enter into contracts that, if found legally sufficient, can govern the division of their property in the event that the relationship ends.

If I have a child with my partner and we both have custody rights, will the Georgia courts hear our case if our relationship is ending?

Yes, gay or straight, the Courts in Georgia will hear all issues of custody as between parents regardless of sexual orientation. Georgia Courts will also hear cases in which a gay person lives in the State with his or her child, but the other parent resides in another state, whether that other parent is gay or heterosexual.

Can an attorney help me if I am ending a long-term gay relationship?

Family law attorneys in Georgia, like Stearns-Montgomery & Proctor, represent gay people going through difficult break ups. Even though the Courts cannot offer traditional assistance as they do with divorcing heterosexual couples, gay couples may have legal rights due to joint property ownership, children, or powers of attorney.

Speak with a Caring Divorce Lawyer or Family Law Attorney

Get to know our caring family law attorneys with an initial consultation. Please call Stearns-Montgomery & Proctor today at (770) 280-1488 or fill out our simple contact form to set up an appointment. We're available from 8:30 a.m. until 6:00 p.m., Monday through Friday, with evening appointments available by request.

With offices in Alpharetta, Buckhead, Dunwoody, and Marietta, we act as advocates for families throughout the Atlanta metropolitan area, including clients in Atlanta, Marietta, Alpharetta, Dallas, Decatur, Buckhead, Canton, Cumming, Douglasville, Duluth, Dunwoody, Lawrenceville, Milton, Johns Creek, Roswell, Kennesaw, Sandy Springs, and Smyrna.

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