Virginia has been at the center of controversies regarding LGBTQ+ rights and same-sex marriage. As progress is made in these areas, many people wonder if it is possible to have a same-sex divorce in Virginia. In this article, we will examine the state’s laws on divorce and how they pertain to same-sex couples.
Divorce Laws In Virginia
Virginia’s grounds for divorce are relatively conventional, including adultery, desertion, cruelty, conviction of a felony, and most notably, separation. For parties seeking a divorce, they must have lived separately and apart without cohabitation for at least one year. Alternatively, if they have no children and have signed a separation agreement, a shorter separation period may suffice. However, the process can be slightly different for same-sex couples.
The Challenge for Same-sex Couples
Prior to the Supreme Court’s landmark decision in Obergefell v. Hodges, same-sex couples could only legally marry in states that recognized same-sex marriages. This situation posed difficulties for those couples who wished to obtain divorces in states that did not or had not yet recognized same-sex marriages. Fortunately, Virginia acknowledges same-sex marriages for both legal purposes and divorce procedures.
Filing for Divorce in Virginia
To initiate a divorce in Virginia, one spouse or both must have resided in the state for at least six months. The divorce filing must be submitted to the circuit court in the city or county where at least one spouse currently resides. Additionally, several requirements must be met:
- The filing spouse must establish grounds for the divorce, which may include fault-based reasons such as adultery or cruelty.
- Both partners are required to provide documentation of their income and assets.
- Depending on the particular circumstances of the case, the filing spouse may request spousal support or alimony.
- Matters concerning custody, visitation rights for minor children, and child support must be addressed and agreed upon in writing prior to filing.
Conclusion
In summary, Virginia recognizes same-sex marriage, enabling same-sex couples to file for divorce in the state. The same laws that apply to heterosexual couples also extend to same-sex couples. If you or your partner are contemplating filing for divorce, it is crucial to seek guidance from an experienced family law attorney who can provide personalized advice and assistance, both in terms of the legal process and the emotional aspects involved.