Divorce and Custody for Same-Sex Couples

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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.

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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.

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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.

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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

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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?