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Virginia Beach LGBTQ+ Divorce Lawyer

Sadly, not every member of the community has always been treated equally or even very kindly for their personal life choices. Thankfully, the community and the entire world, in general, have been changing the way they regard personal choices, especially regarding members of the LGBTQ+ community. Sadly though, there are still those who make it difficult for people to live their lives as they see fit.

If you are in need of a divorce, we also have attorneys who can handle your divorce case. Our compassionate divorce attorneys are committed to guiding you through the difficult process that is involved in all divorce proceedings.

The Virginia Beach LGBTQ+ divorce lawyers at Parks Zeigler are committed to preserving the rights of all members of the community. We can answer all your questions and advise you as to any potential future legal action that you should take to rectify your situation.

Does Virginia Have Laws That Protect the LGBTQ+ Community?

In Virginia, sexual orientation was added to the Commonwealth’s fair housing laws. With this addition, it is now illegal to discriminate against an individual for their actual or perceived heterosexuality, homosexuality, or bisexuality. This also includes any discrimination due to an individual’s physical appearance, mannerisms, the partner they are with, or any self-identifying symbols or flags.

Because of the increased protections that have been written into law, members of the LGBTQ+ community who have suffered housing discrimination now have more legal options available to them. At Parks Zeigler, PLLC, we are strongly committed to protecting every individual’s civil rights. Our LGBTQ+ attorneys in Virginia Beach can advise you as to your legal rights along with any legal action that may be necessary to also ensure the discrimination you experienced also does not happen to anyone else.

How Difficult is it to Obtain a Same-Sex Divorce?

In Virginia, the rules involving divorce are the same for all married couples, regardless of their sexual preference. As a matter of law, for anyone who wishes to obtain a divorce in Virginia, you must meet the residency requirements, which state that you must have lived continuously in the state for at least six months.

Unlike other states, Virginia does not recognize common-law marriage. Therefore, you can only obtain a divorce if you are legally married. For both heterosexual and same-sex couples, the divorce process is the same. A lawyer in Virginia Beach could further explain divorce laws that apply to LGBTQ+ couples.

How Do Same-Sex Divorces Work?

The divorce begins when one of the spouses goes to the city or county clerk’s office and files the required documents. They are as follows:

  • Divorce Complaint: This document contains information that includes residency, date of marriage, and each party’s military status and its copy.
  • Case Cover Sheet: This form is used to identify the filing type for a particular action, in this case, divorce, which is entered into the statewide Circuit Court Case Management System.

A same sex couple can obtain a divorce by providing evidence to the court that one of the following grounds has occurred:

  • Adultery
  • A felony conviction that results in the spouses not cohabitating for at least one year.
  • Cruelty or abandonment that lasts for at least one year.
  • Separation for a period of six months with a signed separation agreement or separation for a period of one year without an agreement or in any case where children are a consideration.

How Can a Virginia Beach LGBTQ+ Divorce Attorney Help Me with Legal Matters That Pertain to the LGBTQ+ Community?

Members of the LGBTQ+ community are finally beginning to have the same rights afforded to them that other individuals have had for years. Because the laws seem to be constantly changing, they can often be difficult to understand.

Our attorneys at Parks Zeigler, PLLC have vast knowledge and experience in all matters that pertain to the LGBTQ+ community. If you have been discriminated against and been denied a job, credit, housing, or any other matter that may involve discrimination based on your sexual preference or gender identity, reach out to us.

Contact a Virginia Beach LGBTQ+ divorce lawyer to schedule a consultation to discuss your individual case. Our caring and compassionate attorneys will work hard to defend your rights.

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Written By Shelly F. Wood

Attorney, Partner Chesapeake Office

Shelly is a seasoned attorney with extensive experience in family and criminal law. She began her career as a Public Defender for Norfolk in 2002 before transitioning to private practice in 2004. After successfully running her own law firm for 14 years, Shelly became the Managing Partner of Parks Zeigler’s Chesapeake office in 2020. This move allowed her to expand her legal services while staying deeply connected to the Chesapeake community.