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The United States Supreme Court has ruled that individuals of the same sex have a constitutional right to marry pursuant to the due process clause of the 14th Amendment to the United States Constitution. This ruling came in a case of Obergefell v. Hodges which was decided on June 26, 2015. The ruling also holds that individuals who were married in a state which recognized same sex marriage have the right to have their marriage recognized in the state where they live. This means that the United States Supreme Court has found that all states must recognize same sex marriages. It appears that Georgia will follow and comply with the Court’s ruling.
This change will allow same sex couples to marry in Georgia. It will also lead to same sex couples to having many additional rights. It may pave the way for same sex couples to adopt children. Laws may also be changed to allow both spouses in a same sex marriage to have parental rights, which they do not currently have. The spouses will have additional rights with regard to property rights, estate rights, and benefit from estate taxes that apply to inheritance as to spouses.
This also means that same sex couples who are married will be able to divorce. In the past, same sex couples rights’ regarding property was controlled by property laws. Now, property rights may be controlled by the divorce laws. An individual may want to know how the divorce laws could affect their property in the event of a divorce. An individual contemplating a same sex marriage may want to consider a pre-nuptial agreement. Otherwise, the divorce laws will control the disposition of what is considered marital property in the event the couple’s marriage ends in divorce.
So, now that same sex marriages are legal in Georgia, if you are contemplating a same sex marriage and are unsure about your legal rights, reach out to The Young Law Firm. We will help you if you have questions about: prenuptial or postnuptial agreements, parenting rights, property rights, and divorce.
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"I will gladly recommend Diana Young to anyone seeking to hire a trustworthy attorney, she has been my attorney and represented me on various occasions dealing with my legal issues. She has shown great confidence and effectiveness consistently in the courtroom. A dynamic attorney."
"Before I met Attorney Diana Young I could write a horror story about practicing attorneys in Marietta, GA. who need to be disbarred. Attorney Diana Young, service excellence made me forget all about the bad experience."
"Diana was Awesome! She represented me in a divorce and estate planning and provided great advice. She is very professional and skilled and I know the saying is there are no winners in a divorce but in this case
" I live out of state and was concerned that I would not receive the same attention as a client that resides within GA but Diana consistantly communicated with me every aspect of my case and responded to every question I proposed quickly. "
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