Why Same-Sex Divorce is Different
It wasn’t long ago that the discussion about who could legally marry was still a raging and heated discussion nationwide. Decades of legal challenges and emotional appeals by activists and everyday people culminated in the 2015 landmark decision allowing marriage for all. And, while the celebrations have passed and we slowly start taking this relatively new law for granted there are still certain quagmires that same-sex couples and spouses have to grapple with, especially as it pertains to divorce.
Due to the fact that same-sex marriage is so new and the fact that our country is divided into 50 states, all with unique approaches to the law, it will be some time before clear-cut rules are made regarding same-sex marriages (and divorces). Divorces oftentimes lead to a period of stress, anxiety, and worry.
If in fact, you have decided to move forward with a divorce, select an experienced family law attorney with the right set of tools, resources, and experience to help you handle this tricky moment correctly. Failure to speak to an attorney experienced with LGBTQIA issues may cause unnecessary heartache and expense, all of which can be avoided by looking ahead and planning appropriately. Contact The Edwards Law Group to discuss your case and see how we can help you.
2 Things to Consider Regarding LBTQ+ Divorce
When does a marriage start? Of course, to most people, this question would be answered with the date that a couple has their ceremony or files papers at their local courthouse. But, in the eyes of the law, there are a few other items to consider. As an example, if a couple has been together for 12 years and they were part of a domestic partnership or union before the 2015 Supreme Court decision allowing marriage for all, after this the couple were legally married. Why may this be an issue? One of the considerations that happen during a divorce proceeding is the division of assets. Assets that are to be divided are normally determined based on the start of a marriage. Meaning, if one person bought an asset before they were married that normally does not become part of the discussion during the legal proceedings. Lines might become a bit blurry if something like a domestic partnership or civil union comes into play. It’s important to consider these various unions when going through a divorce as they could affect your future proceedings.
Also, many LGBTQ+ parents have child support and child custody to consider when filing for a divorce. It’s a delicate subject and having an attorney by your side who understands how to protect your interest is paramount.
Contact Us Today – Atlanta, GA
V. Joy Edwards is a well-known experienced Atlanta divorce attorney and an excellent litigator. The Edwards Law Group brings the experience and compassion necessary to give you excellent representation. Together, we have many years of combined experience we bring to the table and an understanding that every divorce is unique and requires an individual touch. Whether you’re dealing with child custody, child support, division of property, alimony, or any other aspect of a divorce, we’re ready to help!
Give us a call at 770-723-7211.
