Are you going through an LGBTQ divorce in Atlanta, Georgia? The Edwards Law Group can help you understand your rights, protect your family, and move forward with confidence. Contact our law office today at (770) 723-7211 to schedule a case evaluation with an Atlanta LGBTQ divorce lawyer and learn about your legal options.
LGBTQ divorces involve the same core legal issues as other divorces, including property division, child custody, child support, and alimony. However, some cases may involve unique concerns, especially when children, adoption, or property owned before marriage are involved.
How Can The Edwards Law Group Help With an LGBTQ Divorce in Atlanta, GA?
Divorce can feel overwhelming, especially when your family has unique legal or personal concerns. The Edwards Law Group brings 50 years of combined experience to family law matters in Atlanta, GA.
When you choose our Atlanta family lawyers, we can:
- Explain your rights under Georgia divorce law
- Help resolve child custody and parenting concerns
- Review property and financial issues
- Address alimony and child support questions
- Prepare and file divorce documents
- Work toward practical agreements when possible
- Guide you through each step of the process
Every family is different. Our team can help you understand your options and seek a solution that fits your needs. Contact us today to schedule a case review with an Atlanta divorce attorney.
How Does LGBTQ Divorce Work in Georgia?
LGBTQ divorce follows the same basic legal process as any other divorce in Georgia. Married same-sex spouses have the same right to divorce as other married couples.
Georgia allows spouses to file for a no-fault divorce by stating that the marriage is “irretrievably broken.” Georgia also recognizes fault-based grounds for divorce under O.C.G.A. § 19-5-3, though many spouses choose no-fault divorce to avoid adding conflict.
The divorce process may involve filing a petition, serving the other spouse, exchanging financial information, and resolving issues involving property, support, and children.
A family law attorney can help explain how Georgia law applies to your marriage and your goals.
What Issues May Come Up in an LGBTQ Divorce?
Many LGBTQ divorces involve the same issues as other divorce cases. However, some families may face added legal questions based on their history.
Common issues include:
- Division of marital property
- Child custody
- Parenting time
- Child support
- Alimony
- Adoption-related concerns
- Property owned before legal marriage
- Retirement and financial accounts
These issues can become more complex if a couple was together for many years before they were legally allowed to marry.
Clear legal guidance can help you understand what may be considered marital property and what rights each spouse may have.
How Is Property Divided in a Georgia Divorce?
Georgia uses equitable distribution to divide marital property. This means property is divided fairly, but not always equally.
Marital property generally includes assets and debts acquired during the marriage. Separate property may include assets owned before marriage or received by gift or inheritance.
In LGBTQ divorces, property division may require careful review when spouses were in a long-term relationship before marriage. A couple may have shared finances, bought property, or supported each other before the marriage became legally recognized.
An attorney can help identify marital and separate property and work toward a fair division.
How Does Child Custody Work in an LGBTQ Divorce?
Georgia courts decide child custody based on the best interests of the child. Judges may consider each parent’s relationship with the child, caregiving history, home stability, and ability to meet the child’s needs.
LGBTQ custody cases may involve questions about legal parentage, adoption, assisted reproduction, or a parent who raised the child but is not a biological parent.
Georgia’s equitable caregiver law may allow certain non-biological caregivers to seek custody or visitation rights if specific legal requirements are met, though this can be a complex area of law.
Because children need stability, it is important to address custody issues carefully and early.
How Can I Prepare for an LGBTQ Divorce?
Preparing early can make the divorce process easier to manage. It can also help you understand your financial picture and protect important information.
Helpful steps may include:
- Gather bank statements and tax returns
- List marital assets and debts
- Collect mortgage, lease, and loan records
- Review retirement accounts
- Gather adoption, parentage, or custody documents, if applicable
- Think about parenting schedules
- Write down your main goals and concerns
You do not need to have everything figured out before speaking with a lawyer.
A divorce attorney in Atlanta can help you decide what information matters most and what steps to take next.
Contact an Atlanta LGBTQ Divorce Lawyer for a Case Evaluation
Divorce can be difficult, but you do not have to navigate it alone. LGBTQ divorce cases may involve sensitive family, financial, and parenting issues that deserve thoughtful legal guidance.
The Edwards Law Group helps clients in Atlanta and throughout Georgia with divorce and family law matters. With 50 years of combined experience, our team understands how important it is to protect your future, your finances, and your family.
Reach out to us today to schedule a case evaluation with an Atlanta LGBTQ divorce attorney.