At Oxendine & Sauls, LLC we are deeply invested in protecting the rights of the LGBTQ community members who are considering divorce. We understand how frustrating it can be to work with a lawyer who is unable to understand the unique issues surrounding same-sex couples. Our divorce attorneys are committed to providing compassionate, client-focused legal solutions to help you and your spouse move forward with peace of mind and confidence.
In Georgia, same-sex couples can file for a no-fault or fault-based divorce. There are advantages and disadvantages to filing either way, which is why it is important to retain an experienced same-sex divorce attorney. A fault-based divorce may stretch on for a longer period of time due to conflict over issues in the divorce and could end up being a more stressful and costly process.
If you and your spouse are in agreement on all of the issues surrounding child custody, child support, and property distribution, you may wish to file for a no-fault divorce. A no-fault divorce can often be a simpler process and may potentially involve less of a financial cost.
In 2015, the supreme court ruled the prohibition of same-sex marriage as unconstitutional which gave any same-sex couples residing in Georgia the right to divorce. Previously, if a gay couple married in a state that recognized same-sex marriage and then relocated to Georgia, they would not be allowed to divorce as the state of Georgia did not recognize their marriage.
Additionally, same-sex couples are now entitled to equal benefits under the law, which means child custody and spousal support can be negotiated with a judge during divorce. Previously to this, if a lesbian couple chose to have children, the biological mother would have legal rights to their child, but not the non-biological mother. This ruling gives same-sex couples parental rights, meaning they have the legal right to fight for custody of their children should the couple choose to divorce.
Let our same-sex family law attorneys help navigate you and your family through the stressful process of divorce. With over 65 years of combined legal experience, you can rest assured that our legal team will diligently fight for your rights. Whether you and your spouse are having trouble agreeing on custody, equitable property distribution or alimony, Oxendine & Sauls is here for you.