Same-sex divorce full of firsts for Virginia
Same-sex marriage is now legal in Virginia. While that likely doesn't come as a surprise for many Virginia residents, many people might be shocked to learn that the state has already had its first same-sex divorce filing.
The couple who wants to dissolve their marriage was married in Washington, District of Columbia, in June of 2013. By January 2014, the relationship had soured, and the women lived in separate homes. Since same-sex marriages are legal here now, the women were able to seek divorce through a circuit court in Virginia.
It seems as though this is the first same-sex divorce case in the state. This couple will have another "first" on the books when a judge has to decide if their prenuptial agreement is valid. In this case, the dates and laws might be a hurdle since the prenuptial agreement was drawn up before the legalization of same-sex marriage in the state. It was drafted by a Virginia attorney, which adds another interesting facet to this aspect of the case.
For same-sex couples who are seeking divorce, the legal aspects of the divorce might not always be clear cut. In some cases, such as this one, certain aspects of the divorce might require interpretation of the law.
Anyone who is seeking a divorce in the state, whether it is a same-sex divorce or an opposite-sex divorce, should make sure he or she has a complete understanding of how the current laws might affect his or her case. Since the laws seem to be changing fairly often, seeking the help of someone familiar with them might help you to ensure you understand everything.
The attorneys at HALE BALL MURPHY, PLC can assist with any needed changes that come with divorce (like name change). This includes both traditional legal marriages and common law marriages. Contact our team today for legal aid.
Source: Daily Press, "Hampton same-sex couple one of first to file for divorce" Ashley K. Speed, Oct. 17, 2014
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