Athens GA Same Sex Marriage Lawyer

Call Us: 706-546-0999

Divorce, Custody, and Adoption for Same-Sex Couples

Samuel Thomas Law handles divorce, child custody, adoption, and prenuptial agreements for same-sex couples in Athens and throughout Northeast Georgia. In Obergefell v. Hodges (2015), the U.S. Supreme Court held that same-sex couples have a constitutional right to marry. As a result, Georgia issues marriage licenses to same-sex couples and recognizes same-sex marriages performed in other states.

That means Georgia family law applies to your marriage the same way it applies to any other. The same rules govern property division, alimony, child custody, and child support. Even so, same-sex couples often face issues other couples do not, such as a long relationship that began before the marriage was legally recognized, or a parent who is not biologically related to the child.

Attorney Samuel E. Thomas will meet with you, review your situation, and explain your options in plain terms. He represents clients in divorce and custody cases, and he also prepares premarital agreements for couples planning to marry.

If you are facing family violence or are worried about your safety, you can ask the court for a protective order under Georgia’s Family Violence Act. Attorney Thomas can help you seek one and protect your rights in court.

Your Rights as a Married Same-Sex Couple in Georgia

Married same-sex couples in Georgia have the same legal rights and responsibilities as any other married couple. When a marriage ends, those rights include:

Property Division

Georgia divides marital property equitably, which means fairly but not always equally. Property acquired during the marriage is generally marital property. Property owned before the marriage, or received as a gift or inheritance, is generally separate property.

For many same-sex couples, the key question is when the marriage began. Couples who lived together for years before they could legally marry may have bought a home, built savings, or started a business before the wedding. Georgia has not recognized new common-law marriages since 1997, so courts generally look to the date of the legal marriage. As a result, assets acquired before that date may be treated as separate property, and how they were titled and paid for can make a large difference.

Alimony

A Georgia judge may award alimony based on one spouse’s need and the other spouse’s ability to pay. The judge considers factors such as the length of the marriage, the standard of living during the marriage, and each spouse’s income and earning capacity. Because the length of the marriage matters, a long relationship that included only a few years of legal marriage can affect the outcome.

Employer and Retirement Benefits

Federal law treats same-sex spouses the same as other spouses under employer retirement plans. Retirement accounts earned during the marriage can be divided in divorce, often with a Qualified Domestic Relations Order (QDRO). In addition, a former spouse may be able to continue employer health coverage through COBRA for up to 36 months at their own cost.

Tax Treatment

Married same-sex couples are treated as married for federal and Georgia income tax purposes. Filing status, the tax effects of a property settlement, and other tax questions in a divorce work the same way as for any other couple.

Military Benefits

The Department of Defense extends spousal and family benefits to same-sex spouses of service members. In a divorce, military retired pay can be divided under the Uniformed Services Former Spouses’ Protection Act, just as it can for any other couple.

Family and Medical Leave

Under the Family and Medical Leave Act, an eligible employee may take up to 12 weeks of unpaid, job-protected leave to care for a spouse with a serious health condition. Same-sex spouses qualify for this leave.

Children often raise the hardest questions. When only one spouse is the biological or adoptive parent, the other spouse’s parental rights may be open to challenge, especially outside Georgia. A stepparent adoption gives both spouses a court order recognizing them as legal parents. Attorney Thomas can review your situation and help protect your relationship with your children. Learn more about child custody, or call 706-546-0999 to schedule a consultation.