Experience Navigating The Nuances Of Same Sex Divorce

Even though same sex marriage has been legal across the country, including in Cobb County, Georgia, for years now, LGBTQ+ couples still face unique challenges in every aspect of life, including when ending their marriages. Though a same sex marriage is legally treated similarly to a heterosexual marriage, the divorce process has some distinct differences. These types of divorce cases require the right experience to be handled correctly and compassionately.

How Is This Different?

While divorce at its core, dissolving the marriage, is the same no matter who’s involved, there are a few distinct ways a same-sex divorce may differ than from a divorce involving a man and woman.

Past Cohabitation

Since the legalization of same sex marriage is still somewhat recent, many LGBTQ+ couples have a sometimes lengthy period of co-habitation prior to their legal marriage. This can make the process of asset division more complicated. Shared property may or may not be considered legal joint property based on the time frame of the marriage. Assets and debt accumulated during your legal marriage will be considered during the divorce process, but assets and debt acquired prior to the legal marriage may not be, even if you consider them to be shared property.

Child Custody

Custody is often another particularly complex matter in a same sex divorce case. Since both parents cannot be biologically related to the children involved, questions of custody can arise. In order to automatically be eligible for custody, the nonbiological parent of the children must legally adopt them. Without this legal connection established, advocating for custody becomes much more difficult. Original laws regarding child custody were established in regard to heterosexual relationships and when there are no “traditional” roles present, the question of custody in the court’s eyes can be more contentious.

What Do I Need To Know?

This process is a challenge, no matter the circumstances. But unfortunately, same sex marriage is still subject to certain negative stigmas, and suffers from the heteronormative framework of past laws. This makes the process even more difficult, especially when people do not have the right representation. But your most important advocate through any kind of legal matter is your attorney. And in these cases, it’s crucial to work with an attorney who has prior successful experience with the specifics of a same sex divorce case. Attorney Carol Baskin has experience working with same sex couples and can help you sort through all divorce issues, no matter how challenging.

Find Out More About The Process

If you’re going through or thinking about divorcing your partner, it’s important to contact an attorney who has experience with same-sex marriages and divorce. Contact attorney Carol Baskin to get more information about her experience and how she can help you figure out this process. She’ll be there to advocate for you and keep you informed. Use the online contact form or call 770-679-3568 to set up an appointment to learn more.