Family Law Attorney Protecting The Rights Of the LGBTQ+ Community and their Families

We have been protecting the rights of LGBTQ+ families since the founding of our practice in 2011, including partnership agreements, adoptions, will and estate planning, name changes, deed changes, etc. Since 2015 when the United States Supreme Court held in Obergefell v. Hodges, 576 U.S. 644 (2015) that “[T]he Fourteenth Amendment requires a state to license a marriage between two people of the same sex and to recognize a marriage between two people of the same sex when their marriage was lawfully licensed and performed out-of-state”, we have been able to help families dissolve their marriages using the protections of divorce law, which was previously unavailable. This allows LGBTQ+ couples to address equitable division of property, provide for child support and child custody, address alimony and other issues of their relationship.

The Legal Services We Provide

The Law Office of Ashley McCartney, LLC, in Atlanta, provides services to all LGBTQ+ couples, including:

• Partnership Agreements – Just because you can get married, does not mean you want to. You may be in a long-term relationship and need a partnership agreement to outline property rights and interests in the event the relationship ends.
• Prenuptial Agreements – If you are getting married, we advise a prenuptial agreement to contemplate property division, asset division, alimony and division of liabilities in the event of divorce. You may have been with your partner before same sex marriage was legalized. In that case, we recommend a prenuptial agreement to deal with property and assets you may have acquired together prior to marriage. Georgia law is unclear about what assets and liabilities are up for division in the event a long-term LGBTQ+ relationship dissolves that was established prior to Obergefell.
• Postnuptial Agreements – If you are already married but did not think a prenuptial agreement was right for your family, you have the option to change your mind and enter into a postnuptial agreement contemplating division or property, assets, spousal support and liabilities.
• Divorce and Separation – As long-standing advocates of the LGBTQ+ community, we offer compassionate advocacy and representation of those LGBTQ+ couples going through a divorce no matter how complex. Whether it is an uncontested divorce, a divorce with complex child custody or child support issues or a divorce with issues of equitable division of property, we can help.
• Adoptions of Children – Family building is an integral part of the LGBTQ+ community. Whether it is a stepparent adoption, a third-party adoption or a relative adoption, we are here to help. In some cases, we advise adoption of children even if the same sex couple are married. Call us today for case specific advice on the benefits of adoption for LGBTQ+ families in this new era.
• Estate Planning – Estate planning is important for every member of the LGBTQ+ community, whether married, partnered, or single. It offers another layer of legal protection to ensure your wishes are carried out.

Attorney Ashley McCartney has been at the forefront of this area of law from the very beginning. She will fight to protect your legal rights.

Frequently asked questions:

Question: How can a family law attorney help members of the LGBTQ+ community?
Answer: Family lawyers provide vital services to the community by offering legal guidance on issues such as adoption, child custody, divorce, and domestic partnerships. They advocate for the rights of individuals and families, ensuring fair treatment and support during challenging legal situations. Attorney Ashley McCartney is uniquely experienced in advocating for members of the LGBTQ+ community and their families in all aspects of family law.

Question: Are LGBTQ+ couples treated differently in divorce cases?

Answer: Frankly, it sometimes depends on what Georgia county you reside in. Inside the Metro-Atlanta area, courts tend to process LGBTQ+ divorces the same way as a divorces between straight couples. It is important to consult with a family law attorney familiar with the jurisdiction and the LGBTQ+ community to get a full understanding of what you are facing.

Question: What is the status of LGBTQ+ family law in Georgia?

Answer: Generally, in Georgia, LGBTQ+ families have legal protections regarding marriage as long as the Supreme Court’s decision in Obergefell v. Hodges, which legalized same-sex marriage nationwide, remains valid law. When there are children involved, the potential legal ramifications become less clear. When there was a long-term relationship prior to marriage, there can be uncertainty in terms of asset division or other issues. Every situation is unique. It is important to consult with an attorney who is on the forefront of family laws in Georgia concerning LGBTQ+ couples.

Skilled And Compassionate LGBTQ+ Legal Representation

We are here to assist you with any issue that may arise within your LGBTQ+ family. Contact us at The Law Office of Ashley McCartney, LLC, by calling 404-874-0240 fill out our contact form today for a consultation Ashley McCartney, an experienced family law attorney familiar with the issues you face as a member of the LGBTQ+ community.