Same-sex divorce in Virginia is on hold pending ruling
People who are in same-sex marriages that have disintegrated might have to stay in that marriage a little longer than they would like if they are trying to get a divorce in Virginia. The United States Supreme Court has recently granted a stay regarding a lower court ruling that the same-sex marriage ban isn't constitutional.
The attorney general for the Commonwealth of Virginia says that the Supreme Court must be given the chance to settle the issue. He did acknowledge that same-sex couples and their children are having to wait to exercise their 14th Amendment rights.
As it stands during the stay, the law on the books that defines marriage as between one man and one woman will remain in effect. Without the ability to recognize same-sex marriages, the state is unable to grant divorces to same-sex couples who were married in states where these unions are recognized. That means that divorces, child custody matters and property division issues are on hold until the highest court in the nation rules on the issue.
Virginia isn't alone in facing this issue. Other states have cases going up the court system. All the while, people on both sides of the matter are voicing strong opinions on the matter. Opponents want these marriages to remain null and void. They are expressing pleasure that the Supreme Court granted the stay. Supporters of gay marriage say they hope the highest court moves quickly to recognize same-sex unions.
For those in a loveless marriage, getting a divorce as quickly as possible might be on the top of their to-do list. Understanding all aspects of the legal process might make it all easier to cope with.
Our attorneys can assist with any legal needs that may arise from a divorce, including divorce litigation itself, asset division, and name changes. This includes both traditional legal marriages and common law marriages. Contact our attorneys today for legal aid.
Source: Christian Post, "Supreme Court Halts Gay Marriage in Virginia" Michael Gryboski, Aug. 21, 2014
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