Same Sex Divorce & Custody
Virginia’s Stance On Same-Sex Marriage And Divorce
Having just caught up with the rapidly changing national norm, Virginia’s Family Law Courts now recognize same-sex marriages based on the rulings from the nation’s high courts back in October 2014. With same-sex marriages legal, same-sex divorce is also now part of Virginia’s statutes.
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What You Need To Know About Same Sex Divorce & Custody
Removing Your Uncertainty With an Expert Lawyer
When passing new laws, it takes time for both the judicial system and the legal professionals to digest the changes. In this case, the state of gay, transgender, and bisexual couples remains precarious. For most couples, finding out the state of their relations, the legal rights that they enjoy, and what can be claimed via a divorce remains a mystery.
To get rid of such uncertainty, seek advice from legal counsels like The Coastal Virginia Law Firm, who have practiced in the state long enough to know the law. We recognize that matters of divorce aren’t the easiest to deal with, which is why we offer you our support every step of the way.
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Enlist A Legal Advisor Who Doesn't Discriminate
The Coastal Virginia Law Firm is proud of the wide variety of clients that we’ve helped. One of our key principles is that we don’t differentiate between our clients. We always aim to provide you with the legal services and resources you need to the best of our abilities!
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Understanding The Core Issues Of Same-Sex Divorce
Enlist A Legal Advisor Who Doesn’t Discriminate
Even if you were married outside of Virginia, the State of Virginia must recognize marriages from other States. While your divorce may require special treatment, the core issues of divorce tend to remain the same:
- Child custody
- Child visitation
- Child support
- Property distribution
- Prenuptial agreements
- Spousal support
- Child custody
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Choose An Understanding Divorce and Child Law Attorney
Whether you’re a heterosexual or homosexual couple, children may often find themselves at the center of the divorce dispute. In Virginia, getting child custody will depend on the facts of the divorce, as the “best interest of the child” standard applies. The Virginia Courts have been upfront and fair in their dealings with same-sex couples, showing no signs of bias.
The Coastal Virginia Law Firm understands how hard your divorce can be and wants to offer superb legal counsel to help guide the divorce proceedings towards their best conclusion for you!
When negotiating cases that involve child custody, child care, and alimony, for us, it is imperative that all biological or adoptive guardians have access to bespoke family law support from appropriately experienced attorneys.
Divorce cases that involve child custody can become strained, as every parent and client will want the best future for their family. We deliver legal custody advice to help parents understand the options available to them and potential outcomes.
Custody and child support agreements require diligent attention to address the child’s and parent’s wishes and set a mutually acceptable amount of child support payments.In many same-sex marriage custody situations, couples may include one spouse who is a biological parent and one who may not be directly related to the child. Therefore, establishing the preferred outcomes for our client and advising based on their custody rights is fundamental.The Coastal Virginia Law Firm supports child support claimants or appellants in many circumstances, placing the child at the heart of our advice and helping parents reach viable negotiations around visitation rights and child custody.Please contact us and our outstanding same-sex divorce attorneys if you require assistance in any child support or custody case. -
Brook Thibaut is a top rated Divorce & Custody lawyer
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Navigating the Same-Sex Divorce Process
While the recognition of same-sex marriage is a benchmark in equal rights, unfortunately, relationships between family members of the same genders can and do sometimes end in separation or divorce.
The key to finalizing divorce proceedings to the satisfaction of all parties is to work with leading divorce attorneys fluent in the rights of couples in any gay marriage or civil partnership agreement.
Our goal at The Coastal Virginia Law Firm is to listen to the family circumstances of every client and recommend robust legal divorce strategies to help you reach your desired outcome.
In every case, the most appropriate starting point to a successful resolution is to consult with us about the legal status of your relationship; then you can receive customized guidance from able attorneys as to your rights and the relevant family law statutes in place.
Couples in any relationship find separation and divorce an emotionally and often financially challenging time, with complex situations potentially taking multiple months to resolve.
Where we can see opportunities to expedite legal matters through divorce mediation, we will brief you on the options available, so you can make an informed decision about how you’d like to proceed with your same-sex divorce.
Visit our contact page to schedule an initial consultation with a Virginia divorce lawyer us at your convenience.
The Benefit of Expert Divorce Lawyers
As with all same-sex divorce proceedings, there are requirements you’ll need to meet for the divorce to take place in the state of Virginia, which we will cover in detail with you.
For example:
- One spouse or partner must have lived within the state for at least six months prior to filing for same-sex divorce.
- The same-sex divorce process requires the marriage to be legally recognized within the state where the union took place.
Get in touch with us if you need advice as to whether your marriage meets the conditions to begin same-sex divorce proceedings in VA.
Our accomplished same sex divorce attorneys can provide invaluable assistance at the outset to help determine the status of your same gender relationship, along with the best way to move forward with your separation.
We also offer a comprehensive range of family law services and support, including drafting prenuptial and post-nuptial agreements.
As your attorneys, everything we suggest is tailored to your family situation and aimed at delivering a beneficial divorce agreement to allow you to move on.
Same-Sex Separation Issues: Dividing Land and Property
Equitable distribution is a crucial concept in same-sex divorce and custody cases, and Virginia courts have well-established protocols when it comes to deciding on matters such as how to distribute assets, property, and land.
The basis of this statute in Virginia family law is that property and assets in same-sex divorce must not be divided in favor of one family member over another.
This rule does not always mean equal distribution, but that the same entitlements apply equitably – as your divorce attorney, we will ensure the same parity is enforced throughout.
One of the significant difficulties for many family law divorce claimants is that it may not be obvious which property assets are treated as belonging to the couple in the same-sex marriage.
Core issues can include re-deeding property where required, clarifying the terms of property co-ownership, and assessing property rights in cohabitation divorce scenarios.
It is vital to work with a divorce lawyer who can advise as and when each property becomes a marital possession and carefully interpret the Virginia legal regulations to protect your rights.
Where one spouse in a same-sex marriage divorce wishes to secure a different outcome from the other LGBTQ family member, understanding how family law applies is essential.
Our attorneys have years of expertise and are committed to remaining at the forefront of new laws as they develop. We offer capable attorney representation to enable you to navigate the intricacies of your divorce with a full understanding of Virginia law.
Virginia Divorce Attorneys Championing Equality
As skilled lawyers, we recognize how quickly life can change and apply absolute equality across our team of divorce attorneys to support every client and spouse with compassion, professionalism, and care.
Family law can be complex, with multiple precedents, rights, and statutes. Hence, as your attorneys, we endeavor to provide clear, accessible information to help you make carefully considered choices around every separation and custody decision.
Whenever you need legal assistance in any same-sex divorce matter, The Coastal Virginia Law Firm attorneys are on hand to steer you through with confidence.
Please enter your details via our contact page for direct access to a fully qualified and seasoned lawyer with expertise in LGBTQ cases.
Nine Years Of Legal Practice Experience
Stop by The Coastal Virginia Law Firm today to request a FREE consultation on your divorce or custody needs as a same-sex couple!
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Daniel Wood
Mr. Thibault and his team are excellent! I won my custody case and couldn't have asked for a better outcome. His firm is professional and concice.
