The right to enter a marital union has provided same-sex couples in Georgia with spousal benefits like inheritance rights and Social Security benefits. But the right to enter a marriage comes with the right to end the union if things are not working out for both parties. LGBTQ couples face unique challenges when it comes to the legal aspects of seeking a same-sex divorce and dealing with custody issues that arise from a divorce.
Research is pretty clear on the fact that the same troubles that can plague a marriage involving straight couples can affect the marriages of LGBTQ community members. However, things like the lack of family acceptance and workplace discrimination can result in added pressures for those in a same-sex marriage.
The process of same-sex divorce is not much different from other divorces for the most part, but a couple of notable differences exist in the experience. Even though many same-sex couples have been together for multiple decades, it has been legal for them to marry for less than a decade since the 2013 Supreme Court decision. Family courts will not acknowledge the time together before same-sex marriages became legal. This fact can affect the division of assets. Also, members of the LGBTQ community can run into significant problems with the way they wish to structure spousal benefits and other issues because the institution of marriage was written into law with only straight couples in mind.
People never enter a marriage with the intention of getting a divorce, but statistics show that around half of all marriages end in divorce. A divorce attorney may be able to help an individual seeking to dissolve a marital union to protect their rights and prepare for the next chapter of their lives.