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Same Sex Divorce in Georgia

Publish Date: 03/18/2024

Same-Sex Divorce

The ruling of Obergefell v. Hodges in 2015 was a milestone in the fight for LGBTQ+ rights in the United States. It granted same-sex couples the fundamental right to marry, ensuring equality under the law. However, with marriage comes the potential for divorce, a legal process which is essentially the same for both same-sex and heterosexual couples in Georgia.

Georgia's legal framework governing divorce applies equally to all couples, regardless of their sexual orientation. Therefore, the process for dissolving a same-sex marriage is no different from that of a heterosexual marriage, since both types of unions can be dissolved using the same laws and procedures.

Firstly, the grounds for divorce in Georgia are the same for both same-sex and heterosexual couples. These grounds include irreconcilable differences, adultery, desertion, cruel treatment, and habitual intoxication, among others. Neither the gender nor the sexual orientation of the parties impacts the validity of these grounds.

Secondly, the procedural aspects of divorce proceedings are identical, regardless of the couple's sexual orientation. Both same-sex and heterosexual couples must navigate the same legal channels, including filing a petition for divorce, serving notice to the other party, and attending court hearings, if necessary. Additionally, the division of marital assets, spousal support, and child custody arrangements are determined according to the same legal principles and considerations for all couples.

Moreover, the same family law protections extend to same-sex couples in Georgia. This includes provisions for equitable distribution of assets, fair child custody determinations, and the enforcement of prenuptial agreements, just as they would for heterosexual couples.

In essence, Obergefell v. Hodges not only granted same-sex couples the right to marry but also ensured that they have equal access to the legal mechanisms for dissolving a marriage. Same-sex divorce in Georgia operates within the same legal framework as heterosexual divorce, reflecting the principles of equality and nondiscrimination in the Constitution. As society progresses to become more inclusive, it is important to recognize and uphold the fundamental rights of all individuals, regardless of their sexual orientation.


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