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Same-Sex Marriages and Divorce in the State of Georgia

With the U.S. Supreme Court’s recent decision finding that same-sex couples have the constitutional right to marry, the state of Georgia now must recognize and perform same-sex marriages. The high court’s decision effectively overturned Georgia’s constitutional amendment banning same-sex marriages, which was enacted back in 2004. Along with same-sex marriages in the state of Georgia, however, inevitably comes its counterpart – same-sex divorce.

Since same-sex marriage historically has been off-limits in the state of Georgia, it stands to reason that same-sex divorce also has been non-existent. As a result, there are no Georgia divorce laws on the books that specifically deal with same-sex divorces, as opposed to heterosexual divorces. There also have been no published Georgia court rulings to date that specifically address an issue raised in a gay divorce, simply because it wasn’t possible up until now.


Despite all the hoopla and uncertainty surrounding the issue, however, the assumption is that same-sex divorces will be treated the same as opposite-sex divorces under Georgia divorce laws. Therefore, gay married couples who are splitting up will be subject to all of the same legal rights and responsibilities that heterosexual couples encounter in a divorce, including those related to spousal support or alimony, division of property and assets, child custody, visitation, and child support. When it comes down to it, there really is no difference between the two couples, except for the sex of one of the spouses. Therefore, there is likely to be little or no difference in how Georgia divorce laws apply to the divorces of same-sex couples as opposed to the divorces of opposite-sex couples.

If you considering filing for divorce and have questions about child custody, visitation, property division, or any other divorce-related issue, the Shaw Law Firm, LLC, can help you. We will evaluate your situation and advise you about the available options in your case.

Contact us or call today to learn how Shaw Law can work with you to achieve the best outcome possible for you and your children.

Scott Shaw is founder and principle of Shaw Law Firm LLC, founded in 1995 and dedicated solely to divorce, family law and child custody matters that must be addressed and decided in the state of Georgia. Shaw Law Firm serves the greater Metro Atlanta area, particularly the counties of Fulton, Gwinnett, Cobb, Cherokee, Forsyth, Paulding, Henry, Fayette, Coweta, Newton, Walton, Bartow and Douglas. Schedule a consultation today at 770-594-8309.