Divorce Property Division Possibilities in Gay Marriage Talks


Same-sex couples in the U.S. have so much to celebrate since the U.S. Supreme Court finally struck down the Defense of Marriage Act, popularly known here in Georgia as DOMA. The recent ruling on the Windsor case opens up many possibilities and keeps the future optimistic for lesbian, gay, bisexual and transgender people everywhere.

While Georgia still has yet to legally recognize same-sex marriage in the state and no federal laws have yet been announced to give the issue solid backing, experts believe that the mechanism is already in place to pass laws ensuring that same-sex marriage will no longer be hindered.

It is a great time to be an American. But as same-sex marriage becomes increasingly more possible, there are certain things that have to be considered first and usually laws on such matters do take some time to develop. One issue to be faced is the fact that new definitions will have to be established, given that current laws are designed for heterosexual relationships.

These existing laws govern every aspect of marriage in the country from marriage itself to divorce, especially with regard to marital property and property division. In order to accommodate same-sex marriage laws, these existing rules have to be tailored accordingly.

Most of the political discussions within the LGBT community have revolved around entering marriage. But there are uncomfortable topics that need to be addressed, such as gender concerns. Of course, marriage brings with it rights previously enjoyed only by heterosexual couples. With same-sex marriage legalities also comes a legal process about divorce and asset distributions suited for same-sex couples.

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