Athens GA Same Sex Marriage Lawyer

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Lawyer, Divorce, and Custody

Since the U.S. Supreme Court has ruled that bans on same sex marriage are unconstitutional, same-sex couples may now marry, and marriages of same-sex couples legally performed in another state will be recognized. Our lawyer keeps apprised of the changes in the law for your benefit. Same-sex couples have the same rights and problems as any other couple.

At the Law Office of Samuel E. Thomas and Alfred Fargione, our Athens GA same-sex marriage lawyers have been working with same-sex couples for many years. We have helped people with property and child custody issues. Now that same-sex marriage is legal in Georgia, we will represent people who want premarital agreements as well as those who are divorcing. Please speak with us to learn more about your Georgia family law rights.

Once you meet with us, our same-sex marriage lawyer will sit down with you and explain in detail to you your complete range of legal options. Our lawyers have expertise in this regard and can help you with your child’s custody and visitation issues.

Along with this, we can also help you deal with property and asset division disputes in divorce. If you are a victim of domestic violence or concerned about security issues from your spouse, you must come to us. We can help you get your rights in court


How Same-Sex Marriage Will Affect Couples and Families

Same-sex couples now have the same rights in marriage and divorce as heterosexual couples, since their marriage is now considered constitutional in Georgia Law as well, they are entitled to all the rights of a US citizen. Discrimination against their rights can lead to civil or criminal charges. These rights include:

Marital Property Rights

Same-sex couples have the same marital as hetero-sex couples. That means in the case of divorce, the marital property will be subjected to equitable division between both spouses. The property may not be divided fifty-fifty, as a number of factors will be considered in making a fair division.

However, the property owned because of inheritance or pre-marital business that remained free from the influence of your former spouse is considered as separate property and will not be subject to division in divorce.

Property division might face serious complications when it comes to same-sex couples. The property of one spouse may be considered separate and might not be subject to division under several circumstances. Whatever is the issue, we are here to help you figure it out.

Certain Reimbursement Rights

As more states are recognizing same-sex marriage, the law dictates that they are entitled to the same benefits as other couples. That also means that they are entitled to the shared benefits offered by employers like health insurance and other reimbursements.

Similarly, retirement plans, in states where gay marriages are legal, are also required to be shared between both spouses. However, there are still many jurisdictions where these marriages aren’t accepted and serious complications come into play there.

Tax Benefits

Health saving account or flexible spending account offered by employers are also impacted by Supreme court’s decision of legalizing same-sex marriage. These accounts allow you to reimburse the medical expenses of your spouse.

Hence, just like heterosexual couples, same-sex couples are also entitled to this benefit. They can also reimburse the amount of spousal medical expenses. This reimbursement is tax-free.

Military Benefits

If a couple has been legally married in a state that allows same-sex marriage, they are entitled to spousal military benefits regardless of where they reside. These military benefits can continue after the divorce for a limited period of time.

It was properly announced by the Department of Defense that the spousal and family benefits provided to service members will be the same for both same-sex couples and hetero-sex couples, regardless of where they reside.

Spousal Maintenance or Alimony Rights, When Applicable

Similar to heterosexual couples, the judge will assess if one spouse is in financial need and the other spouse has the ability to pay the alimony. The alimony is awarded in case both spouses have unequal earning power. The amount may vary based on the high-earner spouse’s income.

Leave Benefits at Work

Under the Family and Medical Leave Act, the covered employees are eligible for 12 weeks of unpaid leave in case of a medical problem or a close relative’s medical problem, and their job won’t be terminated because of this leave. Same-sex couples can also assert these FMLA rights.

Child custody cases involving same-sex parents could have legal complications. We can help you determine if additional legal protections should be implemented such as a co-parent adoption. Contact our Athens GA same-sex marriage lawyers today.