The recent United States Supreme Court decision in the case of Obergefell v. Hodges holds that same-sex couples may exercise the fundamental right to marry in all states. The necessary implication that will eventually follow is divorce. What about same-sex divorce? What about same-sex divorce in Georgia?
Previously, 37 states, plus Washington, DC, allowed same-sex couples the right to marry, while 13 states prohibited same-sex marriage. Many same-sex couples would get married in one of the 37 states that recognized same-sex marriage then move to a state that did not recognize same-sex marriage and encounter difficulty if the marriage did not work out and divorce was necessary. The Supreme Court's decision in Obergefell, effectively removes this barrier.
Gay and Lesbian couples may now seek relief from courts in any state to dissolve their marriages and make decisions regarding child custody, child support, alimony/spousal support, and property division.
In fact, nola.com reported that "[t]he first same-sex divorce in Louisiana was granted about two hours before the first legally sanctioned same-sex wedding took place." First same-sex divorce in New Orleans comes before first marriage, by Andy Grimm, nola.com, (June 30, 2015). According to Nola.com, "[t]wo New Orleans women, Anna Wellman and Stephanie Baus, who married in Massachusetts in 2009, made bittersweet history by filing for divorce in Orleans Parish Civil District Court on Friday (June 26) — something they couldn't have done before the U.S. Supreme Court's ruling last week because Louisiana law did not recognize same-sex weddings performed out of state." Further, Judge Paulette Irons stated, "I treated them just like I would a man and a woman . . . [m]y responsibility is to uphold not just the laws of the state of Louisiana, but the laws of the United States and the Constitution. After the Supreme Court ruled, that's the end of the road for me."
For same sex couples looking for divorce options in Georgia, Meriwether & Tharp, LLC is well equipped to help. The Atlanta Divorce Team will guide Gay and Lesbian couples through the divorce process and strive to get the best possible result in a timely manner while keeping costs down. Learn more about Gay Divorce by visiting our web page addressing this topic: https://mtlawoffice.com/family-law/misc/same-sex-divorce. Call (678) 879-9000 for a free telephone consultation.