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Same-sex divorce and asset division in Virginia: Pivotal issues

When it comes to divorce, there are still many questions about the legal rights of same-sex partners in Virginia. While the June 2015 U.S. Supreme Court ruling in Obergefell v. Hodges has been seen as a major civil-rights victory, according to an NPR news report, it is not always clear how the expected same-sex marriage protections from Obergefell will apply to same-sex divorce in Virginia courts.

Just like heterosexual divorces frequently involve contentious issues of property division, same-sex divorce cases can be rife with financial complications. So what do you need to know about asset division if you are experiencing or anticipating an LGBT divorce?

How complex are our assets?

Sometimes, 

  • A family business involving you and your former partner
  • A business that was started before the marriage or domestic partnership
  • A professional practice owned by one partner but supported by the other partner
  • Assets acquired during a non-marital same-sex domestic partnership
  • Retirement accounts belonging to one spouse
  • A marriage that occurred outside Virginia

Do we need to litigate this case?

Some divorces can be settled outside of court.

 

  • Real property, including vacation property, that may be held in only one partner’s name

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