Texas Supreme Court Accepts 2 Gay Divorce Cases

I typically do not recommend that same-sex couples in Georgia legally marry in another state if they are going to continue to reside in Georgia for one big reason: if things go badly and they want to get divorced, someone has to move out of state to do it.  (There are a few exceptions, depending on where they were married.)

Georgia has a six month residency requirement for divorces, which means that in most cases, a person must be a resident of the state of Georgia for at least six months prior to filing for divorce. And in Georgia, a court will not hear a same-sex couple's divorce petition because Georgia law does not recognize them as legally married in the first place.

Texas law is similar to Georgia law in that way, but something big is happening in Texas: last month, after placing two gay divorce cases on hold since 2011, the Texas Supreme Court accepted two cases where same-sex couples for review. Here's the link summarizing the cases: http://www.scotxblog.com/case-notes/the-texas-supreme-court-accepts-two-gay-divorce-cases-for-argument-this-fall/

Oral arguments will be broadcast live on November 5, 2013. You can listen here: http://www.texasbarcle.com/CLE/TSCSearch.asp

*I am not licensed in the state of Texas. If you have a Texas problem, you should find a Texan lawyer.

Screenwriting Workshop Begins May 15

If you have, throughout your divorce process, made your friends say, "oh no he did not," or "are you kidding me??!" more than three times, then maybe you have a good story to tell. Writing can be a low-cost therapeutic way to process your emotions about a difficult time. So, if you think you have enough for a book or a movie -- here's your chance to kick it off:

Screenwriter Beaty Reynolds will be offering a three-week workshop at 6:30 p.m., May 15, 22, and 29 at the Phillip Rush Center and a portion of the proceeds from the classes will be donated to Georgia Equality. The Phillip Rush Center is located at 1530 DeKalb Ave. Atlanta, GA 30307.

Rooted in independent filmmaking, the classes will focus on character-driven story development and tackle the FOUR CRITICAL ISSUES that sabotage the vast majority of screenplays. The seminar will include in-class writing exercises. The cost is $75.00.

During his 20 years in Hollywood, Reynolds wrote screenplays for such producers as actress Diane Keaton, Laura Ziskin ("Pretty Woman," "Spiderman" series), Diana Kerew ("Paris Trout"), Arlene Sellers (Circle of Friends) and Mark Gordon ("Saving Private Ryan"), as well as Paramount, Sony Pictures, Fox, Columbia Studios, NBC, CBS, and HBO. He is the writer of “Puppy Love,” which won best short film at the L.A. Independent Film Festival and stars Grace Zabriskie. An except from his novel JUNKYARD PEOPLE was published in the MID-AMERICAN REVIEW. Reynolds' plays have been performed in New York, New Orleans, and Atlanta.

He is the writer and producer of THE MIGHTY KING OF LOVE, which is currently in post-production in Denver and Los Angeles.

Contact to Sign Up: Beaty Reynolds @ 303-909-8995 or beatyre@msn.com

Meet Me at Atlanta Pride this Weekend

I will be at the Atlanta Pride festival this Saturday, Oct. 8th volunteering in the Stonewall Bar Association booth located at Blue-7 (between PAWS Atlanta and the Atlanta Opera) between 10-noon and 2-4 p.m. This year's Pride festival will be held in Piedmont Park. Come say hello and pick up freebies: we are handing out really cute Stonewall Bar coasters & our handy directories of gay and gay-friendly attorneys and judges throughout Georgia. The festival is free, with live entertainment, and you can even bring your own cooler.

Should there be a national sperm bank registry?

The New York Times has been running an interesting series of op-ed articles about whether the U.S. should regulate sperm banks. While most of the columnists have opposed regulation, one of my former law professors, Naomi Cahn, raises a question worth considering: is it a problem if one person is the biological father for 150 children in this country? Here's the article.

Non-Sceney Social Opportunity Post-Break-up: Square Dancing

How do you meet people following a break-up, without the pressure to immediately start dating again? Square dancing! New classes started on August 8 for the Hotlanta Squares, an LGBT square-dancing group that dances each Monday night from 7-9 p.m. at the First Metropolitan Community Church located at I-85/N. Druid Hills Rd in Atlanta. All are welcome (including allies). No special skill required.

Square dancing is a good old-fashioned drug/alcohol-free fun way to meet people, get a little exercise and have a very good time. Dress is utterly casual (most people wear shorts & t-shirts in the summer), and the Squares change up dance positions all night long, so you do not need to bring a partner. (In fact, most people do not come with a partner, so it is a perfect activity for single (or newly-single) people!)

Classes are FREE for the first three weeks of the open house (August 8, 15 & 22) and only $5 each week thereafter.

How to Get a Gay Divorce in Georgia

How to divide children, property, and pets if you are part of a same-sex couple in Georgia -- and what to do if you actually got legally married, civil unioned, or domestic partnered somewhere else.

1.   This Is Not A Divorce. Don't Treat It Like One.

If you are looking for yet more examples of how the law discriminates against gay and lesbian couples, you found it. Straight couples who divorce in Georgia are eligible to receive an equitable portion of: the marital residence, their ex's retirement, investments, businesses, and checking accounts. In some cases, one spouse can get alimony. 

In contrast, there's no alimony in gay break-ups -- even if you were a stay-at-home who cared for your ex's mom until the day she died, and single-handedly raised the children. 

Sometimes, LGBT people hire the only gay-friendly attorney they know, who wants to treat the dissolution of the relationship like a divorce. This is a bad idea because while it may make you feel affirmed (after all -- you went through so much effort to legitimize your relationship in the first place!), it does not comport with Georgia law. Find a gay or gay-friendly attorney by checking out the Stonewall Bar Association - www.stonewallbar.org. 

2.  You May Need to File More Than One Case At A Time.

If you own property together and can agree who gets what, you may just need some quit claims drawn up. If you renovated property together, you may need to file a petition for equitable division and ask the court to decide what should happen with the property. 

If you have children together and have equal rights to the children (i.e., you both went through the formal, legal process of adoption), and can't agree on custody and child support, you may need to file a petition for child custody. If your ex had the child, and you never adopted the child, you are a legal stranger to the child -- even if you helped raise the child for x years. In this situation, you will probably want an attorney to help you negotiate a private agreement with your ex where s/he voluntarily gives you visitation in exchange for child support.

3.   Pets Are Considered Property.
Your dog might be your baby, but in the eyes of the court, a dog is the equivalent of a piece of artwork. It doesn't matter who the better dog/kitty-parent is or will be -- it's just a matter of who paid for the pet, and whether it was a gift. If you really want to go there, you can sue your ex to get possession of the animal, but usually couples simply enter into an agreement outlining some minimal visitation and veterinarian expense reimbursement. That's a simple contract -- no family law experience required. (And not just a gay issue, by the way -- it's part of many divorce settlement agreements.) 

4.  You May Need to Move to Get Legally Divorced.  

If you went to Massachusetts, Iowa, Connecticut, New Hampshire, Vermont, or DC (or abroad) to get married, you are in a situation known as a "novelty in the law". (No, that's not good.) Your quandry is that Georgia will not recognize your marriage, so it will not give you a divorce. 

Most states have residency periods that must be fulfilled before its courts will grant you a divorce. Georgia's residency period, for example, is six months. Therefore, to legally get a divorce, you will need to find a state that (1) recognizes same-sex marriages when they are validly-performed elsewhere (this list changes fairly frequently), where (2) you or your ex (or both) would be willing to live long enough to fulfill the residency period. Which means you may need to work together with your ex for your shared goal of getting divorced. It CAN be done -- and should be done before you look to marry again, to avoid the prospect of bigamy charges. 

Additional Resources

For a (usually) up-to-date list of states which grant same-sex marriages or recognize valid same-sex marriages performed elsewhere, see the National Conference of State Legislatures' research guide to same-sex marriages:  Nat'l Conference of State Legislatures - Same-Sex Marriage

To find a LGBT or LGBT-friendly attorney in metro Atlanta, search the Stonewall Bar Association Directory (and if you live far outside metro Atlanta, call me -- I can probably give you a referral to someone in your part of the state):   Atlanta's Stonewall Bar Association 

For more on how this issue is playing out across the country, see Newsweek's 2010 article on the subject:

Newsweek: "Gay Divorce: The Next Big Legal Challenge"