Lawrenceville LGBT Divorce Lawyer
Are you seeking a divorce from your same-sex marriage in Lawrenceville, Georgia? Crystal Wright Law can help. Our experienced Lawrenceville LGBT divorce lawyers can help you face the challenging legal issues of divorce, from property division to spousal support.
Fortunately, divorce in Georgia is relatively similar for both heterosexual marriages and same-sex marriages. However, LGBT couples may face unique complexities during a divorce. You can rest assured that our legal team will treat you with the respect and dignity you deserve as you go through this difficult time.
How Crystal Wright Law, Can Help You With Your LGBT Divorce in Lawrenceville, Georgia
The divorce process can be complex and exhausting for any couple. However, it can be especially trying for same-sex couples. Our Lawrenceville divorce attorneys can help get a favorable outcome for your divorce.
Crystal Wright Law has devoted nearly a decade to helping individuals and families in Lawrenceville, GA, resolve their most pressing legal issues. We have been recognized with the “Avvo Client’s Choice Award” for our outstanding legal services.
You should not be expected to know the subtleties and nuances of family law cases—that is our job. We have years of experience handling divorce cases. Let us take care of the complex legal matters so that you can move forward with your life.
You can count on our law office to:
- Listen and understand the facts of your particular case
- Offer sound and compassionate legal advice
- Help you understand how the divorce process will work
- Handle negotiations and communication with opposing parties and counsel
- Communicate with you frequently and answer any questions you may have
Call us at our office in Gwinnett County today to learn more about what our experienced family law attorneys can do for you. Our Lawrenceville family law attorney is standing by.
Overview of the Georgia LGBT Divorce Process
In 2015, the United States Supreme Court legalized same-sex marriage, a decision that overrode Georgia’s ban against LGBT marriage. Recognition of same-sex marriage also came with the recognition of same-sex divorce.
From a legal perspective, same-sex marriages in Georgia are no different from heterosexual marriages. Therefore, the general divorce process for same-sex marriages is fundamentally the same as the divorce process for heterosexual marriages.
The state of Georgia offers numerous grounds for divorce, including the no-fault grounds for marriages that are “irretrievably broken.” Under this ground, there is no blame placed on either party involved in the divorce.
However, you do have the option of filing for divorce on other grounds that are considered “at-fault.” If you proceed in this manner, you have to prove that the grounds caused your divorce.
The at-fault grounds for divorce in Georgia include:
- Desertion and/or abandonment
- Cruelty and/or abuse
- Conviction of a crime carrying a sentence of two years or greater
- Substance abuse
- Serious psychological ailments
- Impotence at the time of the marriage
- Pregnancy by another person
- Force or fraud at the time of the marriage
These at-fault grounds have to be proven and shown to be the cause of the divorce. For example, if you file for divorce on the grounds of substance abuse, you must prove that your spouse was guilty of substance abuse and caused a breakdown of the marriage.
Requirements for LGBT Divorce in Georgia
If you would like to file for divorce in Georgia, the requirements are the same for LGBT couples and heterosexual couples.
These requirements include:
- A valid marriage. The 2015 United States Supreme Court decision of Obergefell v. Hodges made same-sex marriage legal across the country. Since the state recognizes LGBT marriages, they are considered “valid” for purposes of this requirement.
- Residency. The filing spouse must have had an established Georgia residence for at least six months prior to filing.
- Separation. You do not have to be living apart at the time of filing, but you must be “legally separated.” This means you must suspend marital relations and consider yourselves in a state of separation.
Having a skilled and respected attorney on your side is critical to a positive outcome. Many issues can arise during divorce proceedings. You will need elite representation to help with legal matters such as spousal support, child custody, visitation rights, child support, and division of assets.
Spousal Support in a Lawrenceville, Georgia LGBT Divorce
Spousal support, also called “alimony” or “spousal maintenance,” refers to the legal obligation of one spouse to make payments to the other spouse in the event of a divorce. Spousal support in LGBT divorce cases is treated in the same manner as it would be in a heterosexual divorce case.
When determining spousal support, the court considers a host of factors on a case-by-case basis.
While every case is different, here are a few of the most common factors that influence alimony:
- Significant disparity in income between the spouses
- The length of the marriage before divorce
- Employment status of the spouses
- At-fault grounds such as adultery or desertion
The alimony determination can be very complex, but you can count on our knowledgeable legal team to advocate on your behalf. Give us a call today at the Lawrenceville law office of Crystal Wright Law, to discuss your case and begin making a divorce plan.
Child custody in an LGBT divorce is one of the areas where legal matters could get thorny. When children are involved, the court may unwittingly make decisions based on preconceived notions of LGBT families.
Courts are supposed to make custody decisions according to the “best interests of the child.” However, if one of the spouses is the child’s biological parent, the court may consider that parent more “legitimate” or assign greater weight to their petition for custody.
Hiring an attorney skilled in handling LGBT divorce cases is critical to ensuring you are treated fairly and the court is considering custody objectively. Call our LGBT family law team at Crystal Wright Law today.
Marital Property Division
If you are in a same-sex marriage and getting a divorce, you should be aware of how property will be divided. In the state of Georgia, there is a distinction between separate property and marital property.
Separate property refers to property obtained by either spouse before the marriage, while marital property refers to property obtained by either spouse during the marriage.
Only marital property is divided between the spouses. Under Georgia law, each spouse is entitled to an equitable share of the marital property. However, “equitable” does not necessarily mean an “equal” share of the property.
This is one area where unique situations may arise for LGBT couples. Despite the law, Georgia courts may hold some implicit bias as to how property should be split. Our divorce lawyers have handled LGBT divorces and will advocate for your rights to your property.
Contact a Lawrenceville LGBT Divorce Lawyer Today
Are you are going through a same-sex divorce in Georgia? Call our Lawrenceville LGBT divorce lawyers to learn more about how we can help you through the process and deliver an outcome that works for you.
With years of experience in handling divorces, we understand the obstacles that may arise during the proceedings. More importantly, we understand how to overcome those obstacles. We are prepared for anything. We will sit down with you to understand your case and walk you through the process.
Our team of experienced attorneys and lawyers are ready to put their knowledge and expertise to work on your behalf. Call our law offices today at Crystal Wright Law, to schedule a consultation.