Donna Dougherty Law P.C.

How does the new same-sex marriage law affect divorce?

The current legislation recognizing same-sex marriage across the nation no doubt led to celebration among homosexual couples everywhere. Along with the right to legally marry, same-sex couples in Virginia and elsewhere are also able to divorce. This comes as good news for couples who were married in states that recognized gay marriage, but existed in a state of divorce limbo because they live in a state that did not recognize their union.

How does this change affect you if you are preparing for the process of a same-sex divorce? Recognizing gay marriage in every state both simplifies things and raises new concerns. For example, states the Huffington Post, previously you both might have had to relocate to a state where same-sex marriage was legal and establish residency before you could file for divorce. This would most likely be quite inconvenient and costly for everyone involved. The new law should now allow you to get a divorce in the state you reside in, no matter where you were married.

Your divorce may be relatively straightforward if property division is your only concern. However, child custody issues may not be easy to sort out if you both adopted the child or if you or your spouse are the biological parent. Some divorce experts believe that it may take several years for the unique legal intricacies of same-sex divorce to be ironed out.

The information in this blog post may help to give you an idea of what to expect with the relatively new concept of same-sex divorce across the country. However, it should not be taken as legal advice.

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