Legal Question in Family Law in Georgia
Gay/Lesbian Divorce
Dear Sir or Madam:
I'm writing hoping to get answers regarding a divorce I'm currently going through. I am a lesbian and my wife is in the U.S. army. Before we got married, she asked me not to work because she wanted to be the ''sole bread winner'', while I stayed home and prepared to take care of the children which I would bear. We never had children, but she still insisted on being the only one working. We are now going through a very bitter divorce because she cheated and I also found out that she lied about who she really was/is. She now says that she is not obligated to pay the bills in the apartment we shared, but that I now live in alone while she's in Iraq. She said that the military will not make her pay because of the ''don't ask, don't tell policy''. I'm wondering if this is true, and if there is anything that I can do to ensure that she pays the bills here for at least three months until I find a job and save enough money to be able to pay the bills. She has also taken me off a joint account, which I just found out was through a military bank and she said that I was her sister, so I'm wondering if there's anything I can do about that as well. Thank you for your time.
1 Answer from Attorneys
Re: Gay/Lesbian Divorce
Since gays can't lawfully marry in Georgia she isn't legally your wife. And since you couldn't marry, you can't divorce. Years ago, in a case (I believe it's Rehak vs. Mathis), the Georgia Supreme Court held that the courts cannot intervene in living together situations.
You may have some limited contractual remedies IF you drew up a contract when you moved in together specifying who would be responsibel to pay what.
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