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.
Georgia Adoption and Divorce Law
Practical Considerations from a No-nonsense Attorney & Mother
Showing posts with label same-sex dissolutions. Show all posts
Showing posts with label same-sex dissolutions. Show all posts
Wednesday, September 18, 2013
Monday, April 25, 2011
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.
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 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
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:
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:
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