Domestic Partnership

Atlanta Domestic Partnership Law

Experienced Domestic Partnership Lawyers in Atlanta GA and Surrounding Area

You and your partner have formed a loving relationship and a household – why shouldn’t you be entitled to the same rights as a traditional couple? Despite DOMA, the fact is that even though Georgia still doesn’t legally recognize same-sex marriages, the state is home to one of the nation’s largest gay and lesbian populations. There are a variety of steps you can take to give your relationship some legal security. At Kitchens New Cleghorn, LLC, our compassionate domestic partnership attorneys have worked with countless same-sex couples to craft domestic partnership agreements, medical directives, wills and other documents designed to provide the extra legal security you deserve.

DOMA Impact for Georgia Gay Community

After the twin decisions of the United States Supreme Court on DOMA and California gay marriage rights, our gay friends and clients in Georgia are now focusing on the questions around what these decisions mean here in Georgia, since we are among the states that still don’t recognize gay marriage.

DOMA – Rights for Gay Married Couples Living in Georgia

Are gay married couples living in Georgia now entitled to the same benefits afforded all married couples living in Georgia? The answer is, unfortunately, no and for the immediate future, we see no work around for that.

DOMA – Taxes

In regard to taxes, here’s where it gets tricky. The Federal government now recognizes gay marriage and gay couples can file a joint Federal return. Yet, since Georgia doesn’t allow married gay couples to have Georgia-based rights, it’s unlikely they will allow the submission of a state joint return. As this will clearly present administrative challenges for the state, the presumption is someone in state government will realize that a very practical problem exists with the way in which the State of Georgia instructs gay couples to file state returns. And, doubtlessly, the State of Georgia will have to rewrite and revise many state rules and forms to reverse the presumption around “married” so we’ll just need to wait and see where this lands.

DOMA – Inheritance – Wills

Always top of mind for gay couples is the inheritance issue. Simply put, if you don’t have a will, who gets your money? If you are not the heterosexual spouse or parent or child of the deceased person, as a general rule, you are probably not the “heir at law” of a deceased person. Since gay couples are still not spouses under Georgia law, they are not likely to be “heirs at law.” That is a serious problem. However, that problem has an easy solution. Whether the law in Georgia ever changes, everyone should have a will that is clear, states what you want to happen to your property at death and is executed and drafted correctly. Georgia courts may not be friendly to the legal rights of gay Georgians, but a will is a will is a will.

Securing Domestic Partnership in Atlanta, GA

With only a limited (but growing) number of states legally recognizing same-sex marriages, many couples believe there’s no point in forming these legal agreements. Other couples may believe there are no legal alternatives for protecting their relationships. Both of these viewpoints are misguided. A domestic partnership agreement – also referred to as a joint property agreement – explains the contractual legal rights and responsibilities of each partner when a couple decides to form a long-term committed relationship and own property together.