Same-Sex Divorce Virginia & Maryland: Custody, Property

As a senior attorney with over two decades of hands-on experience in family law across Virginia and Maryland, I have witnessed the transformative legal landscape surrounding same-sex relationships. The journey from legal uncertainty to widespread recognition has been profound, culminating in the landmark U.S. Supreme Court decision, *Obergefell v. Hodges*. This ruling affirmed the constitutional right to marry for same-sex couples nationwide, forever altering the legal framework for marriage and, consequently, divorce.

Today, the dissolution of a same-sex marriage in Virginia or Maryland involves the same fundamental legal principles and processes as any other divorce. However, the path can still present unique challenges, particularly when considering the nuances of property acquired before full recognition, or navigating custody arrangements in a still-evolving societal context. Our firm, Law Offices Of SRIS, P.C., is dedicated to providing clear, authoritative guidance through these intricate processes, ensuring your rights and interests are robustly protected.

Consequences & Stakes: What’s At Risk?

When a same-sex marriage dissolves, the stakes are as significant as in any other divorce, impacting financial stability, parental rights, and future well-being. Failing to approach these matters with seasoned legal counsel can lead to long-term financial hardship, unfavorable custody outcomes, and protracted litigation.

The implications of a same-sex divorce in Virginia or Maryland extend far beyond the mere legal separation. The outcomes of property division, spousal support, and child custody arrangements will profoundly shape your life for years to come. In Virginia, equitable distribution of marital property is governed by Virginia Code § 20-107.3, which mandates a fair, though not necessarily equal, division of assets and debts acquired during the marriage. Similarly, Maryland law, under Maryland Code, Family Law § 8-201, operates on equitable distribution principles. Both states require a thorough inventory and valuation of all assets—from real estate and retirement accounts to businesses and intangible property—before determining a just division. A misstep here can mean losing out on a significant portion of your marital estate or being saddled with disproportionate debt.

Spousal support, or alimony, is another critical component. In Virginia, factors considered for spousal support under Virginia Code § 20-107.1 include the parties’ monetary and nonmonetary contributions, the duration of the marriage, and the earning capacity of each spouse. Maryland’s approach, outlined in Maryland Code, Family Law § 11-106, similarly evaluates a range of factors to determine if alimony is appropriate and, if so, its duration and amount. The absence of adequate spousal support can leave one party in a precarious financial position, especially if they sacrificed career advancement for the marriage or to raise children.

Perhaps the most emotionally charged aspect is child custody. Virginia Code § 20-124.2 and Maryland Code, Family Law § 9-101 both establish the “best interests of the child” as the paramount standard for custody and visitation determinations. This includes considering the child’s age, physical and mental condition, the parents’ fitness, the child’s relationship with each parent, and the child’s reasonable preference if old enough. For same-sex parents, while the legal standard is identical, the practical realities can sometimes present complexities, particularly if one parent is not a biological or adoptive parent but has acted *in loco parentis* (in the place of a parent). Ensuring your parental rights are fully recognized and upheld requires a nuanced understanding of these statutes and how they apply in diverse family structures.

Beyond these primary areas, a divorce also necessitates a re-evaluation of wills, trusts, beneficiaries on insurance policies and retirement accounts, and power of attorney documents. Failure to update these critical instruments can lead to unintended consequences, such as an ex-spouse inheriting assets or making medical decisions on your behalf. The Law Offices Of SRIS, P.C., provides comprehensive counsel, anticipating these issues to secure a stable future for our clients.

The Legal Process: A Step-by-Step Overview

The divorce process for same-sex couples in Virginia and Maryland largely mirrors that of heterosexual couples, involving specific procedural steps from initial filing to final decree, overseen by the appropriate courts and agencies. Understanding these stages is crucial for navigating your case effectively.

Initiating a divorce in Virginia or Maryland begins with meeting the residency requirements. In Virginia, at least one party must have been a resident of the Commonwealth for six months prior to filing. In Maryland, at least one party must have resided in the state for six months, or one year if the grounds for divorce occurred outside Maryland. Once residency is established, the specific legal process unfolds as follows:

1. Grounds for Divorce

Both Virginia and Maryland recognize fault and no-fault grounds for divorce.

• Virginia: No-fault grounds include living separate and apart for six months with no minor children and a written settlement agreement, or one year without minor children or a settlement agreement. Fault grounds under Virginia Code § 20-91 include adultery, felony conviction, cruelty, and desertion.
• Maryland: Maryland Code, Family Law § 7-103 allows for no-fault divorce based on living separate and apart for 12 months without interruption. Fault grounds include adultery, desertion, imprisonment, cruelty of treatment, and excessively vicious conduct.

Choosing the appropriate grounds is a strategic decision that can impact the timeline and complexity of your case.

2. Filing the Complaint (or Petition)

The divorce process officially begins when one spouse files a Complaint for Divorce (in Virginia) or a Complaint for Absolute Divorce (in Maryland) with the appropriate court. In Virginia, this is typically filed in the Circuit Court where one of the parties resides. In Maryland, it’s filed in the Circuit Court for the county where either party resides or where the defendant is employed.

The complaint outlines the parties, jurisdictional grounds, and the relief sought (e.g., divorce, equitable distribution, custody, support).

3. Service of Process

After filing, the other spouse must be formally served with the divorce papers. This ensures they are legally notified of the proceedings. Proper service is critical; without it, the court cannot proceed with the case.

4. Response and Discovery

The served spouse has a specific period to file an Answer to the Complaint. This may also include a Counter-Complaint if they seek their own relief. Following this, the discovery phase begins, where both parties exchange financial documents, property records, and other relevant information through interrogatories, requests for production of documents, and depositions. This information is vital for accurately assessing marital assets, debts, and income for division and support purposes.

5. Pendente Lite Hearings (Temporary Orders)

Often, immediate issues arise regarding temporary child custody, visitation, or financial support while the divorce is pending. In Virginia, these are heard in the Circuit Court or the Juvenile and Domestic Relations District Court. In Maryland, temporary motions are heard in the Circuit Court. These “pendente lite” orders provide stability during the divorce process, addressing immediate needs.

6. Mediation or Negotiation

Many courts encourage or require mediation to help couples reach an agreement on contested issues without a trial. Mediation involves a neutral third party facilitating discussions. If an agreement is reached, it is typically formalized into a Marital Settlement Agreement (Virginia) or a Marital Property Agreement (Maryland), which then becomes part of the final divorce decree. Even without formal mediation, settlement discussions between attorneys are common.

7. Court Hearings or Trial

If the parties cannot reach a full agreement, the case proceeds to a contested hearing or trial. Here, each side presents evidence and arguments to a judge, who then makes decisions regarding all unresolved matters, including property division, spousal support, and child custody. In Virginia, child custody and visitation matters may initially be heard in the Juvenile and Domestic Relations District Court, with appeals possible to the Circuit Court.

8. Final Decree of Divorce

Once all issues are resolved, either by agreement or court order, a final Decree of Divorce is entered. This legally terminates the marriage and formally outlines all agreed-upon or ordered terms regarding property division, support, and custody. Enforcement of child support orders may involve the Child Support Enforcement Division in both states if payments are not made as ordered.

Throughout this complex process, the legal entities involved, such as the Virginia Circuit Courts, the Virginia Juvenile and Domestic Relations District Courts, and the Maryland Circuit Courts, play a crucial role in upholding the law and ensuring fair outcomes. Our seasoned legal team at Law Offices Of SRIS, P.C., stands ready to guide you through each stage, advocating tirelessly on your behalf.

The SRIS Same-Sex Divorce & Custody Blueprint Tool

Navigating a same-sex divorce involves a multitude of critical decisions, from asset division to child custody. “The SRIS Same-Sex Divorce & Custody Blueprint” is a practical, step-by-step guide designed to help you organize your thoughts, gather necessary information, and prepare effectively for each stage of your divorce process. This tool is built upon our firm’s decades of experience in Virginia and Maryland family law.

Use this blueprint as a personal checklist and information organizer as you prepare for and move through your same-sex divorce proceedings. It is designed to be a comprehensive, yet accessible, resource.

Phase 1: Initial Assessment & Goal Setting

1. Define Your Core Objectives:
   • What are your primary goals for property division (e.g., keeping the family home, securing a specific asset)?
   • What are your desired custody arrangements (e.g., sole physical, shared physical, specific visitation schedule)?
   • Do you anticipate needing or paying spousal support? What are your financial projections?
   • What is your ideal post-divorce living situation?
2. Gather Preliminary Information:
   • Names and dates of birth of all parties and children.
   • Date and place of marriage.
   • Date of separation.
   • Basic employment information for both spouses.

Phase 2: Financial Documentation & Disclosure

1. Income & Employment Records:
   • Recent pay stubs (last 6-12 months).
   • W-2s, 1099s, and tax returns (last 3-5 years).
   • Statements for bonuses, commissions, or other irregular income.
   • Pension or retirement plan statements.
2. Asset & Debt Statements (Marital & Separate):
   • Bank account statements (checking, savings, CDs) for the past 2-3 years.
   • Investment account statements (stocks, bonds, mutual funds) for the past 2-3 years.
   • Retirement account statements (401(k), IRA, pension) for the past 2-3 years.
   • Real estate deeds, mortgage statements, and appraisal reports for all properties.
   • Vehicle titles and loan statements.
   • Credit card statements and loan documents (personal loans, student loans).
   • Business valuation reports (if applicable).
   • List of significant personal property (jewelry, art, collections) with estimated values.
3. Insurance & Estate Documents:
   • Life insurance policies (beneficiary designations).
   • Health insurance details.
   • Wills, trusts, and power of attorney documents.

Phase 3: Child-Related Information (If Applicable)

1. Current & Desired Custody Schedule:
   • Outline your current parenting schedule.
   • Propose your desired future custody and visitation arrangement, including holidays, birthdays, and vacations.
2. Child’s Needs & Well-being:
   • School records and performance.
   • Medical history and healthcare providers.
   • Special needs or unique requirements.
   • Extracurricular activities and social interests.
3. Parental Relationship & Communication:
   • Describe the history of co-parenting and communication styles.
   • Document any past agreements or challenges related to co-parenting.

Phase 4: Legal & Personal Preparedness

1. Legal Correspondence & Records:
   • Gather any previous legal documents, agreements, or court orders.
   • Maintain a log of communications with your spouse regarding divorce matters.
2. Personal Well-being:
   • Identify your support system (friends, family, therapist).
   • Plan for your living arrangements post-separation, if not already separated.
   • Understand the emotional impact of divorce and seek resources as needed.

By diligently working through “The SRIS Same-Sex Divorce & Custody Blueprint,” you will empower yourself with the organized information necessary for our legal team at Law Offices Of SRIS, P.C., to build the strongest possible case on your behalf. This blueprint is not just a checklist; it’s a strategic preparation tool.

Legal Strategies & Approaches

Effective legal strategy in same-sex divorce requires a nuanced understanding of family law, combined with a pragmatic approach to achieving favorable outcomes in property division, spousal support, and custody. Our focus is always on securing our client’s future while minimizing emotional and financial strain.

While the legal principles governing same-sex divorce are now largely harmonized with those of heterosexual divorce due to *Obergefell v. Hodges*, specific strategic considerations remain important, especially for couples who may have had long-term relationships preceding the legalization of same-sex marriage. For instance, determining what constitutes “marital property” can be complex if significant assets were accumulated or commingled during a period when the union was not legally recognized. Our firm employs various strategies to address these complexities:

1. Comprehensive Asset Tracing and Valuation: We meticulously trace the origins of assets and debts, especially those acquired before marriage or during periods of cohabitation. This is crucial for distinguishing between separate and marital property, which dictates how assets are divided under Virginia Code § 20-107.3 and Maryland Code, Family Law § 8-201. Accurate valuation of complex assets like businesses, professional practices, or extensive investment portfolios often requires engaging forensic accountants or valuation experts.
2. Strategic Negotiation and Mediation: For many same-sex divorces, an amicable resolution through negotiation or mediation is often the most cost-effective and least emotionally taxing path. We prepare robust negotiation positions, grounded in solid legal analysis and financial data, to advocate for our clients’ interests in settlement discussions. Mediation provides a structured environment for open dialogue, often leading to creative solutions not possible in court.
3. Proactive Custody Planning for Diverse Families: For same-sex parents, especially those with non-biological or non-adoptive parents who have functioned as a primary caregiver, establishing legal parentage and securing custody rights requires specific strategies. While the “best interests of the child” standard applies universally (Virginia Code § 20-124.2; Maryland Code, Family Law § 9-101), demonstrating a deep, consistent parental role is paramount. We help articulate and present compelling evidence of your parental bond and commitment.
4. Cross-Jurisdictional Considerations: Given the topic’s emphasis on Virginia and Maryland, strategic considerations arise when one spouse lives in one state and the other in the neighboring state. Questions of proper jurisdiction, forum shopping, and the enforcement of orders across state lines are significant. We advise clients on the most advantageous jurisdiction for filing, considering factors like state-specific laws, court backlogs, and logistical convenience.
5. Litigation Readiness: While we prioritize amicable resolution, we are always prepared to litigate fiercely when necessary. Our extensive courtroom experience in Virginia Circuit Courts, Juvenile and Domestic Relations District Courts, and Maryland Circuit Courts means we are adept at presenting complex cases, cross-examining witnesses, and arguing compellingly before a judge. We build a strong evidentiary foundation to support your claims and defend against unwarranted demands.
6. Spousal Support Advocacy: Whether you are seeking or responding to a request for spousal support, our strategy involves a thorough analysis of all relevant factors, including income disparities, earning capacities, contributions to the marriage, and health of the parties. We advocate for equitable awards that reflect the true financial realities and needs of our clients, aligning with the criteria set forth in Virginia Code § 20-107.1 and Maryland Code, Family Law § 11-106.

Each same-sex divorce is unique, requiring a tailored strategy. At Law Offices Of SRIS, P.C., our seasoned approach ensures that every legal option is explored and every tactical advantage considered to achieve the most favorable outcome for you and your family.

Common Mistakes to Avoid in Same-Sex Divorce

Even with the legal equality granted to same-sex marriages, divorcing couples can make common errors that compromise their legal position, financial stability, and emotional well-being. Avoiding these pitfalls is key to a smoother, more favorable resolution.

1. Failing to Disclose All Assets & Debts: Attempting to hide assets or minimize income is a severe mistake. Courts in Virginia and Maryland have broad powers to uncover undisclosed information, and such actions can result in severe penalties, including unfavorable property division or even criminal charges for perjury. Transparency, guided by your attorney, is always the best approach.
2. Emotional Decisions Over Legal Strategy: Divorce is inherently emotional, but allowing anger, hurt, or revenge to dictate your legal strategy can be costly. Making impulsive decisions about custody, property division, or spousal support without sound legal advice often leads to regret and prolonged litigation. Maintain a focus on long-term goals.
3. Misunderstanding “Equitable Distribution”: Many believe equitable distribution means a 50/50 split. In Virginia and Maryland, it means “fair,” which might not be equal. Factors like contributions to the marriage, duration, and financial circumstances are weighed. Assuming an equal division can lead to inadequate negotiations or unrealistic expectations.
4. Inadequate Documentation: Failing to gather comprehensive financial records—bank statements, tax returns, pay stubs, retirement account statements, deeds, and loan documents—handicaps your attorney’s ability to accurately assess your marital estate. This can delay the process and lead to an incomplete or unfair settlement.
5. Neglecting to Update Estate Planning Documents: Post-divorce, your ex-spouse may still be named as a beneficiary on life insurance policies, retirement accounts, or as an executor in your will. Forgetting to update these documents can lead to unintended consequences, sometimes years later. This is a critical administrative step that must not be overlooked.
6. Underestimating the Importance of Child’s Best Interests: In custody disputes, some parents focus on what they *want* rather than what is genuinely in the child’s best interests. Courts in Virginia (VA Code § 20-124.2) and Maryland (MD Code, Family Law § 9-101) prioritize the child’s well-being above all else. Presenting yourself as a stable, nurturing parent focused on the child’s needs is paramount.
7. Communicating Directly with Your Spouse Without Counsel: While some communication is inevitable, direct negotiations or arguments can escalate conflict and compromise your legal position. It’s often best to funnel all substantive discussions through your respective attorneys, ensuring professional and strategic communication.
8. Posting Inappropriately on Social Media: Anything you post online can and will be used against you in court. Publicly venting about your spouse, discussing your case, or portraying a lavish lifestyle while claiming financial hardship can severely damage your credibility and case. Exercise extreme caution with your digital footprint.

Avoiding these common mistakes requires discipline and professional guidance. Law Offices Of SRIS, P.C., helps clients navigate these potential pitfalls, providing proactive advice to protect their interests throughout the same-sex divorce process.

Glossary of Key Terms

Understanding the terminology used in divorce proceedings is essential for clarity and informed decision-making. Here are key legal terms relevant to same-sex divorce in Virginia and Maryland:

Absolute Divorce

The legal termination of a marriage, allowing both parties to remarry. It resolves all marital claims, including property, custody, and support.

Equitable Distribution

The legal principle followed in Virginia (Virginia Code § 20-107.3) and Maryland (Maryland Code, Family Law § 8-201) for dividing marital property and debts. It means a fair (not necessarily equal) division, taking into account various factors.

Marital Property

Assets and debts acquired by either or both spouses during the marriage, regardless of how titled. This property is subject to equitable distribution upon divorce.

Separate Property

Assets owned by one spouse prior to the marriage, or acquired during the marriage by gift or inheritance, and not commingled with marital property. Generally not subject to division in divorce.

Spousal Support (Alimony)

Financial payments made by one spouse to the other after a divorce, intended to provide economic assistance. In Virginia (Virginia Code § 20-107.1) and Maryland (Maryland Code, Family Law § 11-106), it is based on factors such as need, ability to pay, and duration of marriage.

Custody (Legal vs. Physical)

Legal Custody: The right and responsibility to make decisions about a child’s upbringing (education, healthcare, religion). Physical Custody: Where the child primarily lives. Both can be sole or joint.

Parenting Plan

A detailed agreement or court order outlining the rights and responsibilities of each parent regarding child custody, visitation schedules, holidays, and decision-making.

Common Scenarios & Questions

In our years of practice at Law Offices Of SRIS, P.C., we’ve encountered various unique situations in same-sex divorces. Here are a few common scenarios and how the law generally applies:

Scenario 1: Long-Term Relationship Preceding Legal Marriage

Question: “My partner and I were together for 15 years before same-sex marriage was legalized in 2015. We married immediately afterward and are now divorcing. How does the court treat property we accumulated during the 15 years we weren’t legally married?”

Answer: This is a common and complex issue. In Virginia and Maryland, property accumulated before the legal marriage date is generally considered separate property. However, if separate assets were commingled with marital assets, or if one spouse contributed to the appreciation of the other’s separate property, it can become complex. Our firm meticulously traces these assets and argues for an equitable outcome, often demonstrating marital contributions to assets acquired pre-marriage.

Scenario 2: Non-Biological/Non-Adoptive Parent’s Rights

Question: “My spouse is the biological mother of our child, but I have raised our child since birth as a parent. We were never married when the child was born, but married later. Now we’re divorcing. Do I have parental rights or just visitation?”

Answer: This is a critical area where legal counsel is paramount. While *Obergefell* grants equal rights, if you are not a biological or adoptive parent, establishing legal parentage is crucial. In Virginia, courts may recognize parental rights for an individual who has acted *in loco parentis* (in the place of a parent), especially if they have consistently provided care and support. Maryland also has legal avenues for recognition of de facto parents. Proving consistent parental involvement and the child’s best interests for continued contact is key. We work to secure your parental rights through strategic legal action.

Scenario 3: Spousal Support When One Spouse Was a Stay-at-Home Parent

Question: “I was a stay-at-home parent for most of our 10-year same-sex marriage, and my spouse was the primary earner. Now that we’re divorcing, am I entitled to spousal support, even though I have a college degree from before our marriage?”

Answer: Yes, absolutely. Both Virginia (Virginia Code § 20-107.1) and Maryland (Maryland Code, Family Law § 11-106) laws provide for spousal support to financially dependent spouses, regardless of sexual orientation. The court considers factors such as the length of the marriage, the contributions of each spouse (monetary and non-monetary, like childcare), the earning capacity of each, and the needs of the requesting spouse. Your prior degree is a factor, but your role in the marriage and its impact on your current earning capacity will be thoroughly evaluated to determine appropriate support.

Scenario 4: Interstate Custody Disputes (Virginia vs. Maryland)

Question: “My spouse moved from Virginia to Maryland with our child after separation, and I want to file for custody in Virginia. Which state has jurisdiction over our child custody case?”

Answer: Child custody jurisdiction between states is governed by the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), adopted by both Virginia and Maryland. Generally, the “home state” of the child has exclusive, continuing jurisdiction. The home state is where the child has lived with a parent for at least six consecutive months immediately before the filing of a custody proceeding. If Maryland became the child’s home state after the move, Virginia might lose initial jurisdiction, or vice versa. This is a highly complex area requiring immediate legal analysis to determine the proper forum and avoid jurisdictional battles.

Frequently Asked Questions (FAQ)

Q1: Is same-sex divorce legally the same as heterosexual divorce in Virginia and Maryland?

A1: Yes, following the *Obergefell v. Hodges* Supreme Court ruling, same-sex marriages and divorces are treated identically under state laws in Virginia and Maryland. All statutes pertaining to grounds for divorce, property division, spousal support, and child custody apply equally.

Q2: How is marital property divided in a same-sex divorce in Virginia?

A2: In Virginia, marital property is divided according to equitable distribution principles (Virginia Code § 20-107.3). This means assets and debts acquired during the marriage are divided fairly, which may not necessarily be equally (e.g., 50/50). The court considers factors like the contributions of each spouse, the length of the marriage, and the circumstances that led to the divorce.

Q3: What are the residency requirements for same-sex divorce in Maryland?

A3: To file for divorce in Maryland, at least one spouse must have resided in the state for a minimum of six months immediately preceding the filing of the complaint. If the grounds for divorce occurred outside Maryland, then one year of residency is required.

Q4: How do courts determine child custody for same-sex parents?

A4: Child custody determinations for same-sex parents, just like for heterosexual parents, are based solely on the “best interests of the child” standard. Courts consider factors such as the child’s needs, the parents’ fitness, the child’s relationship with each parent, and the child’s preference if of sufficient age and maturity (Virginia Code § 20-124.2; Maryland Code, Family Law § 9-101).

Q5: Can I get spousal support in a same-sex divorce in Virginia or Maryland?

A5: Yes. Eligibility for spousal support (alimony) in Virginia (Virginia Code § 20-107.1) and Maryland (Maryland Code, Family Law § 11-106) is not based on sexual orientation. Courts evaluate a range of factors including the length of the marriage, each spouse’s financial needs and ability to pay, earning capacity, and contributions to the marriage.

Q6: What if my spouse and I cohabitated for many years before same-sex marriage was legal?

A6: Property acquired and contributions made during a period of cohabitation prior to legal marriage can be a complex issue. Generally, only assets acquired during the legally recognized marriage are considered marital property. However, it may be possible to argue for equitable interests in certain assets based on contributions made during the pre-marital cohabitation, though this requires a nuanced legal approach.

Q7: Do I need an attorney if my same-sex divorce is amicable?

A7: Even in amicable situations, retaining legal counsel is highly recommended. An attorney ensures that all legal requirements are met, your rights are protected, and the settlement agreement is comprehensive, legally sound, and enforceable. Seemingly simple agreements can have complex long-term implications.

Q8: What is the difference between fault and no-fault divorce in this context?

A8: A no-fault divorce can be granted based on living separate and apart for a specified period (e.g., six months or one year in Virginia and Maryland). Fault-based divorces require proving specific wrongdoing, such as adultery, cruelty, or desertion. While fault grounds can sometimes influence spousal support or property division, they are not always necessary or advantageous.

Q9: How do same-sex divorce cases handle pension and retirement accounts?

A9: Pensions, 401(k)s, IRAs, and other retirement accounts accrued during the marriage are typically considered marital property subject to equitable distribution. Dividing these assets usually requires a Qualified Domestic Relations Order (QDRO) or similar court order to transfer funds without immediate tax penalties.

Q10: Can previous domestic partnership agreements affect my divorce?

A10: If you had a formal domestic partnership agreement prior to marriage, its terms could potentially influence how certain aspects of your divorce are handled, especially concerning property or support. The interaction between such agreements and subsequent marriage laws needs careful review by an attorney.

Q11: What if my same-sex spouse moved out of Virginia/Maryland?

A11: If one spouse moves to a different state, jurisdictional issues can arise for divorce, custody, and support. Generally, you must file for divorce in a state where you or your spouse meets the residency requirements. For child custody, the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) determines which state has authority, usually the child’s “home state.”

Q12: Is mediation a good option for same-sex divorce?

A12: Mediation is often an excellent option for same-sex couples seeking a less adversarial and more cost-effective divorce. It allows both parties to maintain control over the outcome with the help of a neutral third party, often leading to more customized and sustainable agreements, especially for co-parenting.

Q13: How long does a same-sex divorce typically take in Virginia or Maryland?

A13: The duration varies greatly. An uncontested, no-fault divorce with a comprehensive settlement agreement can be finalized in a few months (e.g., as little as six months in Virginia with a full agreement). Contested divorces involving disputes over property, custody, or support can take a year or more, depending on court dockets and the complexity of the issues.

Q14: What about assets acquired outside of Virginia or Maryland?

A14: Virginia and Maryland courts generally have jurisdiction over all marital property, regardless of where it is physically located, provided the court has personal jurisdiction over both parties. However, enforcing orders for out-of-state real estate can sometimes require additional steps in that state.

Q15: How can Law Offices Of SRIS, P.C. assist with my same-sex divorce?

A15: Law Offices Of SRIS, P.C., offers comprehensive legal representation for same-sex divorce cases in Virginia and Maryland. Our seasoned attorneys provide authoritative guidance on all aspects, including property division, child custody, spousal support, and navigating unique challenges, ensuring your rights are protected and your future is secure.

If you are contemplating or currently navigating a same-sex divorce in Virginia or Maryland, the insights of a truly seasoned legal team are invaluable. At Law Offices Of SRIS, P.C., we bring over two decades of dedicated family law experience to every case, providing authoritative, clear-eyed counsel tailored to your unique circumstances. Our commitment is to guide you through this complex process with unwavering support and strategic advocacy.

Contact Law Offices Of SRIS, P.C., today at 888-437-7747 for a confidential case review. Let our deep experience be your advantage.

Disclaimer: The information provided in this article by Law Offices Of SRIS, P.C. is for general informational purposes only and does not constitute legal advice. No attorney-client relationship is formed by reading or acting upon this information. Laws are subject to change, and legal outcomes depend on the specific facts of each case. You should consult with a qualified attorney for advice tailored to your individual situation.