Fairfax LGBTQ+ Divorce Attorney

The Law Office of Afsana Chowdhury, PLC provides exceptional support for your divorce needs. A Fairfax LGBTQ+ divorce attorney from The Law Office of Afsana Chowdhury, PLC understands the complications that often arise in these challenging cases. We work closely with you to ensure your rights remain protected as you work to settle your divorce in the most effective way possible for both parties. If you are considering divorce for any reason, reach out to us immediately to learn more about the process and what you can expect.

What You Should Know About LGBTQ+ Divorce in Fairfax, Virginia

At the Law Office of Afsana Chowdhury, PLC, we work with the lesbian, gay, bi-sexual, and transgender plus community for all divorce matters. Same-sex marriage has been legal in Virginia since October of 2014, though it was banned for a period of time. The Supreme Court reaffirmed the rights of people of the same sex to be married.

When couples divorce from a marriage of any type, they must go through the process of dividing assets. This may be done amicably, in which parties agree to the terms and simply file the divorce proceedings. Other times, it is not that easy, especially when there are a significant number of assets in place or there are questions about factors such as alimony.

By working with our Fairfax LGBTQ+ divorce attorney, you will learn your rights in this legal matter. It is very common for people to live together prior to getting married, which can complicate matters a bit more. Combined assets and questions about how debt should be split can be complex. Yet, our divorce attorneys will work closely with you to determine what your legal options and rights are.

How Can a Fairfax LGBTQ+ Divorce Attorney Help You?

A number of challenges could arise in your divorce proceedings. You may have numerous questions to ask, too. This is a big, life-changing event, and there’s ample reason for you to ensure your rights remain protected so you can start over with as much potential as possible. Your attorney will help you with what your specific needs are. This may include areas such as the following:

Child Custody Matters

When children are involved in divorce proceedings, it is common for both parties to want the best for that child, but that doesn’t mean they agree on what that means. If you were together and had children prior to being married legally, that could impact the decisions made here, too. When an agreement cannot be reached between the two parties, child custody matters often are decided based on biological factors. When adoptive cases, the individual rights of the child are carefully weighed.

The goal of the court is to do what it deems best for the child. However, under state law, even in same-sex marriages, each member of the relationship is equal. That could be different if one parent is the biological parent and the child was born prior to the marriage.

Alimony and Spousal Support

Another complicating factor is alimony and spousal support. The goal is to ensure that if one party is reliant on the other financially, then that individual receives financial support if needed as they restart their lives.

This may be complicated in situations where the individuals lived together for some time prior to same-sex marriage being legalized. It is up to the court to determine if the individual should receive spousal support based on their ability to carve out a future for themselves. The cause of the dissolution of the marriage may also be a factor in determining spousal support.

Division of Property and Assets

When you work with your Fairfax divorce attorney, you will discuss the specific factors that relate to your case regarding marital property. Generally speaking, any assets brought into the marriage from prior to the marriage are considered owned by the individual who owned them prior to it. However, as a marital property state, assets purchased during the marriage may need to be split equally, and as such, there may be the need to sell some assets to liquidate the value for division between two parties.

If you purchase a home with your spouse, invest in vehicles, or other types of hard assets, the court will rule on which must be sold or how they will be divided if you do not work to make these decisions together. Additionally, retirement and investment accounts could also be split along those same lines.

Learn What Your Rights Are with the Help of a Fairfax LGBTQ+ Divorce Attorney

At The Law Office of Afsana Chowdhury, PLC, our goal is to help you to understand the state’s laws regarding the divorce process as it impacts your specific situation. Many factors play a role in this, including:

  • Whether assets are owned by both parties or just one
  • If the child is adopted by both parents or not
  • The roles each member of the marriage played
  • The financial stability of each person
  • The ultimate goals of each party

Whenever it is possible for two parties to agree on the terms of the marriage, that is typically the best route. That allows you to make decisions about these life-changing aspects of marriage together, or at least come together to agree to the terms. If that is not possible, and the case goes to court, a judge may have to evaluate the situation and make decisions based on the limited knowledge they have.

Contact a Fairfax Lgbtq+ Divorce Attorney from Our Team for Immediate Help

At The Law Office of Afsana Chowdhury, PLC, we work with people throughout Northern Virginia, including Fairfax, Loudoun, Prince William, Arlington, and Alexandria, to provide divorce support. We can answer key questions and provide you with more insight into your legal rights. As a flat-fee firm, we are transparent about the legal costs of divorce when you work with our team. Even if you are not fully ready to take the step toward divorce, we are happy to offer insights to you. Contact us today!

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