Same-sex divorce lawyers in Virginia have become more necessary following the legalization of same-sex marriage back in October 2014. The legalization of same-sex marriage and divorce brought on a wide range of complications. Unfortunately, many of those issues are still around.
A local Virginia same-sex divorce lawyer will be your best resource when navigating the challenges of same-sex divorce. Divorce is already stressful enough without the added challenges of past and present discrimination. Using a divorce lawyer will help eliminate some of that stress and is a wise course of action even with the cost of the divorce lawyer.
Common Issues With Same-Sex Divorce In Virginia
Recent studies show that the average marriage in the US lasts 8 years. That is about how long same-sex marriage has been legal in Virginia. As with any couple, same-sex couples encounter legal issues while pursuing a divorce.
Marital Property And Equitable Distribution
One of the first things people tend to consider with divorce is the equitable distribution of marital property. This refers to which party is entitled to which assets and belongings throughout the marriage. The same also applies to spousal support. A same-sex divorce lawyer can help you understand how the divorce will affect your marital property and spousal support.
When a divorce occurs, it is difficult to distribute the property fairly, especially if the property was owned by the persons involved before their marriage. Additional complications could arise if you were married in a different state, had a non-traditional ceremony, or your marriage happened before certain laws regarding same-sex marriage changed. A divorce attorney will help navigate these complications.
Custody And Adoption
Just like with property, another highly confusing area of same-sex divorce is custody and adoption. It’s an incredibly delicate situation. Prior to the legalization of same-sex marriage, only single people and heterosexual couples could legally adopt. That leads to many same-sex couples adopting under only one person’s name or having their biological children have only one legal parent.
Many married couples may have disputes over parental rights. Unfortunately, there is no way to know which factors will influence the court’s decision, whether it be time adopted, initial adopting parent, or even biological parent. Your attorney will help you prepare you for the different situations that may arise.
Conclusion
With so much at stake and subject to change with same-sex divorce getting a same-sex divorce lawyer in Virginia will be extremely beneficial. You can rely on your attorney to help manage an already difficult situation in the most just way possible. Read more on the same-sex marriage divorce rate in the US here.