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.

What This Means for Same-Sex Couples in Georgia

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 the 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 prenuptial 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.

Attorney Young Can Answer Questions Regarding Your Rights

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, a same-sex marriage attorney to help you if you have questions about: prenuptial or postnuptial agreements, parenting rights, property rights, and divorce.