LGBT Divorce and Family Law

With the expansion of marriage rights to Lesbian, Gay, Bisexual and Transgender couples in the Commonwealth of Virginia, Mahoney Nashatka Richmond, PLLC has worked diligently to provide a full array of divorce and family law legal services to same sex couples. From premarital agreements and child custody and surrogacy to divorce and separation agreements, our legal experts are well-versed in helping same sex couples protect their personal and financial interests and be strong advocates for their rights under the law.

Lesbian, Gay, Bisexual, or Transgender divorce can be legally complex, and even more so when a couple has children. At MNR, we put the needs of our clients front and center, and will guide you through the path – mediation, collaboration, and/or litigation – that will best achieve your desired outcome.

In other areas, such as adoption, despite the progress in the LGBT communities, there are still some challenges depending on the type of adoption being sought.  This is particularly true in the international arena where several countries prevent adoptions by gay parents.

In Virginia, you either adopt alone or are married. Two unmarried individuals cannot adopt a child together.  Adoptions in Virginia are:

  • Agency
  • Stepparent
  • Close relative
  • Parental placement
  • Adult

While Virginia code does not provide for a “second parent” adoption by name, a stepparent adoption is a viable tool to finalize an adoption for a married LGBT couple. A stepparent adoption can be obtained if the parents are married and is recommended if both parents are listed on the birth certificate as the presumed parents of the child. We know the U.S. Supreme Court case, V.L. v E.L., decided March 7, 2016, upheld the adoption of a same-sex couple, stating that a final decree of adoption must be given full faith and credit by other states.