Our Marietta Family Law Attorneys Protect Same-Sex & LGBTQ+ Parental & Divorce Rights In Georgia

Last updated on April 13, 2026

The legalization of same-sex marriage did not resolve all the legal issues of gay and lesbian relationships. Laws pertaining to opposite-sex couples do not always translate for same-sex couples, leaving gray areas that can threaten your parental rights and property rights.

The skilled Marietta family law attorneys of Hill Macdonald, LLC, have extensive experience with same sex and LGBTQ+ disputes, from domestic partnership law to custody battles. If you are trying to dissolve a legal relationship or are at odds over your parenting rights, we can help you sort through these issues carefully and at your own pace. When an amicable solution is not possible, we will use our skills as trial lawyers to vigorously represent you in the courtroom.

With over 50-plus years of combined experience, Vic Brown Hill and Brad E. Macdonald are accomplished Georgia divorce attorneys who provide cutting-edge counsel and representation in the evolving arena of same-sex family law. To ensure you safeguard your rights, reach out to our firm today by calling us at 770-679-2177.

Custody And Divorce For Same-Sex Couples

The institution of same-sex marriage naturally gives rise to the possibility of same-sex divorce. If you and your partner married (in Georgia or another jurisdiction) and are now splitting up, we can provide divorce planning and representation for your contested or uncontested divorce.

If you cohabited but never married, or if you have lived together under a domestic partnership agreement, we can counsel you accordingly about your rights and legal remedies.

Married or not, you may need to assert your rights regarding:

• Commingled finances and jointly acquired property
• Custody and parenting time
• Child support obligations
• Alimony (spousal support)
• Protection orders

Your case might be governed by the same statutory criteria as any couple. However, in our experience, our gay and lesbian clients are often confronted by unique legal dilemmas. Is a domestic partnership agreement still valid if you subsequently married? What are your parental rights if you are not biologically related to your partner’s child? Can you file for legitimation?

Common Same-Sex & LGBTQ+ Family Law Challenges We Resolve

LGBTQ+ and same-sex couples in Georgia face distinct legal obstacles that require specialized knowledge in key matters such as:

Custody Challenges

• Nonbiological parent custody rights: If your ex-partner claims you have no legal standing because you are not genetically related to your child, we can help ensure your parental relationship is protected.
• Biological parent bias: With our experience as trial lawyers, we can counter arguments that pertain to a biological or adoptive parent’s preferential custody rights.
• Parenting time issues: If you have been a primary caregiver but lack formal legal ties to your child, we can help you secure a court-ordered visitation.

Lastly, if your child was born before you could legally marry in Georgia, we can provide prompt guidance on how you can establish and defend your custody rights.

Divorce Challenges

• Property division from domestic partnerships: We can help divide your acquired assets and debts fairly during years you lived as partners but could not legally marry.
• Pre-marriage relationship recognition: It is vital to prove your years of cohabitation and financial partnership before same-sex marriage was legal in Georgia, which can impact your alimony and property division.

If you were married in another state or when your relationship predated Obergefell v. Hodges, we will help you make informed decisions about your complex custody and property division issues.