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Archive for the ‘Georgia Domestic Partnership Agreements’ Category

Domestic Partnership Agreement in GA: Do You Need One?

Monday, December 5th, 2011

Domestic Partnership Agreement in GAIf you live in Georgia and are in a same-sex relationship, you might have heard about the benefits of obtaining a domestic partnership agreement. However, you might not know exactly if you need one or how to go about obtaining one. Unfortunately, since same-sex marriage is not yet recognized by the state of Georgia, it is important to take specific legal steps to protect your family and your assets from the court system, which will not follow your wishes when it comes to distributing your assets.

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Drafting a Will

Monday, September 13th, 2010

Most people don’t like to think about drafting a Last Will & Testament because they don’t like to think about dying. After all, death is never a pleasant subject, especially when it’s your own death! Yet anybody who owns property, has money or investments, or has children, should have a Will. Especially after a divorce, drafting a Will is a necessity (as well as changing the beneficiary of any life insurance policies you may own).

The reason that everyone should have a Will is simple: If you don’t have a Will the courts will decide what happens to your money, property and children after your death.

In most cases the court will take the easy way out and give your money and property to your closest living relative. This means that somebody you don’t like or trust could end up with your house, your bank accounts, your valuables and everything else you have.

If you want one particular person who is not related to you to have something of yours, or inherit everything, you will have to have a Will. If there is no Will that individual could be left with nothing. Especially in the case of domestic partnerships in Georgia, since same-sex couples are not legally allowed to marry in Georgia, gay couples must be especially vigilant about maintaining a Will and should speak with one of our family law attorneys about protecting the legal rights of their partners.

Creating a Last Will and Testament in Georgia:

Fortunately, the average Georgia Will doesn’t have to be that complex. If you don’t have that much money or property, a basic Will should suffice. Our attorneys will maintain a hard copy of the Will, and make sure it is legally signed and notarized.

Your heir should have a copy of the Will. Always make sure your heirs are aware of the Will and know where to find it. If you have more than one heir make sure each of them has a copy of it.  In some cases it might be a good idea to have a copy of the Will placed with a business manager or friend you trust. This would be an excellent idea if the heir is a child or teenager or lives in another country.

GA Domestic Partnerships: An Alternative Solution for Alternative Couples

Tuesday, February 2nd, 2010

Several readers have sent me emails asking the same question: “Are Georgia domestic partnerships limited to same sex couples?”  The answer is “Of course not.”  Same-sex couples living in Georgia tend to user domestic partnerships more frequently because of the political and legal climate that surrounds same-sex marriage.  Simply put, same-sex couples are the ones who most frequently create domestic partnerships in Georgia because they lack the alternatives available to heterosexual couples.  However, many heterosexual couples seek the protections of a GA domestic partnership agreement.

For example, consider the rather common case of a boyfriend and girlfriend who live together, but aren’t married.  They may be philosophically opposed to marriage, or they may be giving marriage a practice run – “try before you buy” if you will.  In either case, the law views each person as roommates.  While you might be living with the most important person in your life, the law doesn’t see it that way.  In this case, a full or limited domestic partnership might be an appropriate choice for the couple.

Another common situation is an older, or middle-aged, couple, where at least one person has been married before.  While they may be happily in love with each other, the scars and bitter experiences of their earlier marriages and past divorces (even uncontested divorces) leave them unwilling to remarry.  Or one of their divorce settlements might leave one or the other in a situation where remarriage is not an option.  In this case, a GA domestic partnership agreement could be the right choice.

A less common scenario is polygamy.  While polygamy is often a taboo subject in America, it is common and legal in other parts of the world.  What is the loving family to do, where the husband has legally married more than one wife in his home country, and then the family decides to immigrate?  Under American law, polygamy is illegal, so he has to choose which of his wives he wants to keep, and which one he wants to “demote.”  A domestic partnership would be an excellent choice to make sure his entire, extended family is cared for and protected.

As you can see, GA domestic partnership agreements are an option for everyone.  Everyone’s situation is unique however, so while a domestic partnership is always an option, it may not be the best option.  That’s why, when thinking of making a, hopefully, life-long commitment, you should consult one of our domestic partnership attorneys who specializes in GA family law so that you can do what is right for you.

Domestic Partnerships in Georgia: Why Do I Need a Mutual Will?

Tuesday, February 2nd, 2010

Mutual wills are an important component of any Georgia domestic partnership agreement in Georgia.  Unfortunately under Georgia law, gay couples cannot marry.  O.C.G.A § 19-3-3.1.  Further, Georgia’s default inheritance laws pass property to family members.  O.C.G.A. §53-2-1.  When these two laws are combined, a nightmare can occur because the survivor of a gay couple has no legal inheritance rights without a will in Georgia.

How bad of a nightmare?  Let me tell you the story of “Jason” and “Grant” from Savannah.  Jason was a gifted salesman for a local company who earned big dollars on his commission-based salary.  He had bought a house on his own a few years before.  Grant was a gifted cook, passionate about his food.  They met when they were in their mid-30’s.  Grant moved in with Jason, and they spent the next five and a half years making a home together.

Jason died suddenly from a heart-attack at 41.  Although he seemed healthy, he had an undiagnosed heart condition.  Jason also did not have a will.  Although he was old enough that he should have known better, he was young and healthy enough for death to still be a distant worry.

Jason’s closest relative was his older brother, “Brian.”  Because Jason was unmarried, and his parents had both died already, Brian inherited everything.  What happened next was appalling.  Brian, always in love with money, sold Jason’s house to the first bidder while Grant was still living in it – without telling Grant.  Soon after Jason’s death, he found himself grieving and homeless.

If Jason had taken the time to talk to a Georgia domestic partnership lawyer and set up a domestic partnership agreement, Grant could have been named as the beneficiary in Jason’s will.  While Grant would still be grief-stricken, Jason could die knowing that the man he loved would be taken care of in the years to come.

If you are in a same-sex relationship we strongly advise you to speak with one of our Atlanta family law attorneys about setting up a GA domestic partnership agreement which includes mutual wills. We look forward to working with you.

Domestic Partnerships in Georgia: Protecting Gay and Lesbian Families

Monday, February 1st, 2010

Marriage confers not only personal, psychological, and economic benefits on a married couple, but each spouse also receives various legal rights and protections because of their married status.  For example, in Georgia husbands and wives are legally allowed to make health-care decisions for each other in the event of incapacitation, such as a coma.  Husbands and wives also have legally protected GA inheritance rights that are greater than those of other immediate family members like parents or brothers and sisters.  Unfortunately, gay and lesbian Georgia same-sex couples who are together, some for decades or longer in committed, monogamous relationships do not have these same legal rights unless they take the time to talk with an attorney and draw up the necessary legal documents they need to protect themselves.

What do you do when you find someone you love so much that you want to spend the rest of your life with them, but cannot marry them?  This is a dilemma that gay and lesbian same-sex couples in Georgia face regularly.  Georgia law is very clear on the matter.  Same-sex marriages and civil unions are illegal and unconstitutional.  Further, same-sex couples legally married in other states will not have their marriages or civil unions recognized in Georgia.  O.C.G.A §19-3-3; GA. Const. Art. I § IV.  Federal laws, such as the Defense of Marriage Act of 1996 (DOMA) and the Marriage Protection Act of 2007(MPA), further complicate the picture.

When marriage, or marriage alternatives like civil union, is unavailable, a couple has no choice but to try and recreate marriage “from scratch,” which is something called a Georgia domestic partnership agreement.  Domestic partnerships are an attempt to overcome discrimination in marriage laws, where the members of the partnership use contracts, mutual powers-of-attorney, and mutual wills to approximate the legal rights they would receive were they actually married.

For more information on Georgia domestic partnership agreements, we encourage you to speak with one of our Atlanta family law attorneys. Each couples’ situation is unique, so by speaking with one of our attorneys we can help tailor a domestic partnership agreement that is right for you. I