Atlanta Same-Sex Divorce Lawyer

Same-sex marriage has been legal in Atlanta for several years, meaning that a same-sex union may end in divorce just like any other marriage. If you are considering the dissolution of your same-sex marriage, the guidance of an experienced Atlanta same-sex divorce lawyer may be crucial for your case. Call a qualified attorney today to learn more about your legal options.

Same-Sex Marriage in Atlanta

The United States Supreme Court made same-sex marriage legal for the entire country in Obergefell v. Hodges in 2015. As a result, the issue of divorce comes up for some same-sex couples. Because this is a relatively new area of law in Atlanta, it may be beneficial for an estranged spouse to retain an attorney with specific knowledge about this type of marriage and how divorces may proceed in the State of Georgia

Grounds for Same-Sex Divorce in Atlanta

As with all marriage dissolutions in Atlanta, a petition for same-sex divorce must list the grounds for why the court should end the marriage. O.C.G.A. §19-5-3 provides 13 causes of action for a legal split, which include the following:

  • Adultery
  • Habitual intoxication
  • Habitual drug addiction
  • Willful and continuous desertion for one year or more
  • Conviction with a multi-year sentence for a crime of moral turpitude
  • Cruel treatment, including assault or battery
  • Incurable mental illness
  • Irretrievably broken marriage

A seasoned same-sex divorce attorney in Atlanta should be familiar with the applicability of each reason for severing a union.

Separating Property and Other Common Concerns

Sometimes same-sex partners choose to marry without commingling their property. Although these assets and items may be considered separate property for a spouse, assets acquired during the marriage are viewed differently.

As a result, spouses may have differing opinions as to what property is separate and what may be returned to a single person. These disagreements can be decided by a judge or jury if one is requested.

Alternative Dispute Resolution

Atlanta participates in a county-based, court-sponsored dispute resolution program. This Alternative Dispute Resolution program involves a mediator or trained, neutral third party assisting a couple with resolving contested issues. This process may be ordered by a judge under O.C.G.A §19-5-1, and unresolved issues may be decided by a judge or jury.

Final Judgments for Same-Sex Divorces in Atlanta

A same-sex marriage is legally dissolved when the court enters a final judgment, which means that either partner may remarry if they wish. Moreover, spouses who changed their last name upon getting married could apply for a name change.

Call an Atlanta Same-Sex Dissolution Attorney Today

If you and your spouse have elected to dissolve your union, it may be best to consult knowledgeable legal counsel rather than attempting to do so on your own. An Atlanta same-sex divorce lawyer would be familiar with the issues that frequently arise between divorcing couples of the same gender. Call today to start solidifying your plans for the future.