Fortunately, according to the Supreme Court ruling on June 25, 2015 legalizing same-sex marriage, individuals in a same-sex relationship who were legally married are afforded the same rights and protections in a divorce action as individuals in a heterosexual relationship. Unfortunately, Georgia law has not “caught up” to the Supreme Court ruling, which means there are still unique issues for same-sex couples who are divorcing, specifically when it comes to custody, alimony, determination of separate versus marital property, and even an equitable division of the marital estate.

The attorneys at Burney & Reese have handled numerous actions involving these unique issues, and always explore alternative means of resolving issues that the court may not be able to address. Oftentimes these issues are addressed through mediation or other alternative means.

Using Mediation for LGBT Couples
Many opposite-sex couples are able to avoid divorce litigation in a courtroom with the help of a specially trained mediator. This option is also available for same-sex couples who are seeking a dissolution of their marriage. Divorce mediation, an entirely voluntary option, allows two people to end their partnership and divide assets without ever appearing before a judge in family court.

Mediation works especially well for former partners who are seeking an amicable resolution to their union. It can work even with the presence of ill feelings or bitterness between spouses. The goal in mediation is to reach an agreement beneficial to both parties through discussion and negotiation. Just like litigation, mediation requires a skilled lawyer. The process, however, may be significantly faster and less costly than litigation. This often results in less stress and allows both partners to gain closure more quickly.

At Burney & Reese we have helped many same-sex couples avoid the courtroom with mediation. Contact us today to set up a consultation and see if mediation is right for your situation.