Under Virginia law, dissolution of marriage is what they would call a divorce. A divorce is a final divorce, a divorce that would allow two parties who are married to marry someone else. It would also allow one of the parties to return to her/his former name and it would settle all matters that pertain to their marriage in a final way.
Divorces for same-sex couples and divorces for heterosexual couples should be treated exactly the same. Virginia recently passed an equality act last year that changed the laws so that most laws now meet up with the constitutional requirements established by US Supreme Court binding precedent.
If you need help with your same-sex divorce, you do not have to handle your case alone. An experienced Arlington same-sex divorce lawyer can help you through each step of the way.
Special Considerations In Same-Sex Divorce
There are lots of different types of families. Most people are understanding of the setup of different types of families and the way to look at different types of families.
There is one major difference in a same-sex divorce which is establishing parenthood in Virginia. One issue which is different from many other states is that parentage can only be given to a person whom has the same biology of a child or whom has legally adopted a child. In some same-sex couples, there is a situation where people are married and they have a child and one of them is not the biological parent and you have to deal with dynamics of proving that that child is either a child of the marriage or if they are incorporated into the marriage through some sort of separate statute if there has not been an adoption.
Dividing Property in a Divorce Case
Property is going to be divided the same way it is for heterosexual couples. People have a perception that in a heterosexual couple that one party, usually the wife receives more than the husband, and that is a misperception. Property separation is based off of many factors.
For example, in the relationship there would be some type of cruelty, adultery, neglect, and abandonment which could affect the property division. There is a misperception that property is split 50-50 and that is not always the case.
Same-sex couples should be treated exactly the same. If there is any discrimination, they need to have a proper attorney that understands LGBT rights and the terms of the law and the equality act of Virginia.
Determining Child Custody
Child custody is probably one of the biggest issues for same-sex couples. In same-sex divorces, typically at least one of the parties is not a biological parent of the child. So when Virginia is looking at parentage, the courts will look at several factors.
In Virginia “parentage” means biology or adoption and those holding these connections to a child are the only people that are subject to parental rights of a child. After those parties are gone or not able to take care of a child, then they go to the secondary sources like grandparents or siblings, for custodial rights.
For same-sex parents, a parent may have adopted or had a biological link to the child. In those instances, the parties are going towards a separation or divorce need a local same-sex divorce attorney who is experienced with dealing with parentage issues and know how to prove parentage.
Talk to an Arlington Same-Sex Divorce Attorney Now
Divorce tends to be a complicated process because people are complicated. Divorce involves heavy emotions, people’s lives, children, money and property. Same-sex couples may believe that their divorce will be treated differently, but what they need is a good advocate. If a spouse thinks that their lifestyle or relationship choices is not going to be related correctly, they do need an attorney that will understand the dynamics of their relationship and be able to accurately relay their specific situation to the court. Schedule a consultation with an Arlington same-sex divorce lawyer today to learn about your rights and the steps to take to dissolve your marriage.