Following the United States Supreme Court’s decision in Obergefell v. Hodges, 576 U.S. 644 (2015), there is no real difference in the divorce process for same-sex couples and opposite-sex couples. But same-sex couples may encounter some additional complications in the divorce process regarding issues such as child custody if, for example, one of the same-sex spouses was the biological mother and the biological father did not agree in writing to terminate his parental rights, and later seeks custody of the child.

In Georgia, following the Supreme Court's decision in Obergefell v. Hodges, same-sex couples have the same rights and obligations as opposite-sex couples in the divorce process. This means that the legal procedures for dissolving a marriage, dividing assets, determining alimony, and other aspects of divorce are the same regardless of the gender of the spouses. However, same-sex couples may face additional challenges, particularly concerning child custody. If a child was born to one spouse during the marriage, and the other spouse is not a biological parent, the non-biological parent's parental rights may not be automatically recognized. This can become complex if the biological father, who did not terminate his parental rights, seeks custody. In such cases, it is crucial for non-biological parents to have legally adopted the child to secure their parental rights. Without adoption, the non-biological parent may have to navigate a more complicated legal path to custody or visitation rights. It is advisable for individuals in such situations to consult with an attorney who specializes in family law to address these complexities.