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Divorce and Custody for Same-Sex Couples

We believe that all partners and parents, regardless of sexual orientation or marital status, are entitled to fair treatment under the law.  The legalization of same-sex marriage did not resolve all the legal issues of gay and lesbian relationships. Laws pertaining to opposite-sex couples do not always translate for same-sex couples, leaving gray areas that can threaten your parental rights and property rights.

The institution of same-sex marriage naturally gives rise to the possibility of same-sex divorce. If you and your partner married (in Georgia or another jurisdiction) and now are splitting up, we can provide divorce planning and representation for contested or uncontested divorce.

If you cohabited but never married, or if you have lived together under a domestic partnership agreement, we can counsel you accordingly about your rights and legal remedies.

Married or not, you may need to assert your rights regarding:

  • Commingled finances and jointly acquired property

  • Custody and parenting time

  • Child support obligations

  • Alimony (spousal support)

  • Protection orders

Your case might be governed by the same statutory criteria as any couple. But often our gay and lesbian clients are confronted by unique legal dilemmas. Is a domestic partnership agreement still valid if you subsequently married? What are your parental rights if you are not biologically related to your partner's child? Can you file for legitimation?

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