Search Site
Menu
May a Same-Sex Couple Married Outside of Georgia File for Bankruptcy Together in the State?

Until recently, same-sex couples married legally outside of Georgia would not have had the right to file a joint bankruptcy petition in the state. But when the Supreme Court struck out Section III of the Defense of Marriage Act (DOMA) in June 2013, many of the barriers for married same-sex couples in bankruptcy and estate planning law were removed. Today, same-sex couples in Georgia may in fact file for bankruptcy together if they have been legally married.

The actual federal bankruptcy code has never provided a specific definition for what constitutes a legally married couple — it had been laws in states defining marriage as being between “one man and one woman” that were preventing same-sex couples from being able to jointly file for bankruptcy. Section III of DOMA had allowed states to set their own rules on whether it would disregard same-sex marriages performed in other states.

In July 2011, the U.S. Department of Justice said it would no longer stand in the way of same-sex couples filing for bankruptcy protection together. With DOMA being ruled unconstitutional by the Supreme Court, there were no longer any obstacles in place for same-sex couples to file for bankruptcy.

However, it’s important to keep in mind this only applies to couples that have been legally married.

For further guidance and advice on various issues of same-sex marriage and how they relate to filing for bankruptcy in Georgia, contact a skilled lawyer at Jeff Field & Associates by calling 404-381-1278 or by contacting us online.

Leave a Reply

Your email address will not be published. Required fields are marked *

Videos
Our Attorneys
Client Reviews
  • google
    5.0/5.0

    Jeff Fields & Associates, are the Best. Answer all my questions that I had about my case. Made it easy on me so that I had no worries. I strongly recommend them to my family and friends.

    Read more

    Darlene Hicks

  • lawyers
    5.0/5.0

    Jeff fields and his team were awesome. Kim answered all of my questions, and updated me every step of the way. I would definitely recommend using them for your bankruptcy.

    Read more

    Client

  • lawyers
    5.0/5.0

    We worked with Chris out of the Lawrenceville office and him and his team were outstanding! Answered all of our questions in a timely manner and went above and beyond to assist us! I would highly recommend this group to anyone who is having to go thr...

    Read more

    Client

  • google
    5.0/5.0

    The entire team was amazing, they really equipped me as to what to expect and made me feel like I was not alone. I had tons of questions and sometimes needed the reassurance that everything was going to be ok and Jeff Field & Associates did that for ...

    Read more

    Dominique C. Gibson

  • google
    5.0/5.0

    Matt and the staff where outstanding. Highly recommend. All questions where answered promptly and everything was explained in detail.

    Read more

    Jeff Weigold

See all reviews
Contact us

Please fill out the form below and one of our attorneys will contact you.

Quick Contact Form