Helping You & Your Family Move Forward
Same-Sex Divorce Lawyer in Fairfax
Virginia Family Law Representation That Understands the Full Picture
Same-sex divorce in Virginia follows the same legal framework as any divorce, but the facts on the ground are often more complicated. Long-term cohabitation before 2014, non-biological parenting arrangements, and property accumulated before Virginia recognized same-sex marriage can all create disputes that a standard checklist approach won’t resolve. At Keithley Law, PLLC, we’ve handled family law cases in Fairfax for nearly two decades, and our team brings over 50 years of collective experience to situations exactly like these.
Lead attorney Soo Kang Keithley holds dual credentials in law and psychology, a combination that shapes how we approach both high-conflict divorce cases and the quieter but equally difficult decisions couples face when a marriage ends. We focus on cost-effective resolution and stay responsive throughout the process.
Call (703) 454-5147 to schedule a consultation with Keithley Law, PLLC and talk through your options with our same-sex divorce attorneys in Fairfax.Virginia Divorce Grounds & Filing Requirements
Same-sex couples in Virginia are subject to the same divorce grounds as any married couple. For a no-fault divorce, spouses must live separately and apart, without cohabitation, for at least one year if minor children are involved. If there are no minor children and both spouses have signed a separation agreement, that period shortens to six months.
Fault grounds are also available and include adultery, cruelty causing reasonable fear of bodily harm, willful desertion or abandonment, and a felony conviction resulting in more than one year of confinement. Whether to raise fault grounds depends on the specific facts of your case, as doing so affects strategy and may have consequences for spousal support.
To file in Fairfax, at least one spouse must have been a bona fide Virginia resident for six months before filing. Cases are filed with the Civil Intake Division of the Fairfax Circuit Court. Couples married in another state who now live in Fairfax can file here once that residency requirement is met.
Property Division When the Marriage Start Date Is Complicated
Virginia divides marital property under an equitable distribution standard, meaning courts allocate assets fairly based on the circumstances, not automatically down the middle. Only marital property is subject to division. Property acquired before the marriage and inheritances are generally treated as separate property and stay with the spouse who owns them.
For same-sex couples, one of the most consequential questions is which date the court treats as the beginning of the marriage. Many couples functioned as a committed financial unit for years before Virginia legalized same-sex marriage in 2014. Assets and retirement accounts accumulated during that period may or may not qualify as marital property, and without a marital agreement, that ambiguity can drive up both the cost and the conflict in divorce proceedings.
A property settlement agreement negotiated before or during the divorce gives both spouses more control over how assets and debts are divided, and is often less costly than a contested court determination. We work with clients to identify the property at stake and structure agreements that protect their interests.
Child Custody & Spousal Support in Same-Sex Divorce
Virginia courts apply a best-interests-of-the-child standard under Virginia Code section 20-124.3 in all custody decisions. The code distinguishes between legal custody, which covers decision-making authority, and physical custody, which governs where the child primarily lives. Courts consider joint legal, joint physical, or sole custody based on the facts of each case.
Non-biological parents who haven’t legally adopted their child face a more uncertain path. Without an adoption in place before separation, the non-biological parent may have difficulty asserting custody or visitation rights, even after years of active parenting. If this applies to your situation, we can walk you through what the law permits and what your options are.
Spousal support follows the same criteria for same-sex couples as for any divorcing couple. Courts weigh the length of the marriage, each spouse’s income and earning capacity, and the standard of living established during the marriage, among other factors. Whether support is appropriate and in what amount turns on the specific facts of your case.
If you’re navigating a same-sex divorce in Fairfax, we’re ready to help. Call (703) 454-5147 to schedule a consultation with Keithley Law, PLLC.
Awards & Accolades
The Opinions That Matter
See What Our Clients Have to Say
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“If I could extend a rating beyond the maximum of 5 stars, I would gladly do so. Following my initial consultation with Ms. Soo, I engaged the legal services of Ms. Dawn, both of whom exhibit a remarkable depth of expertise within the realm of family law. Over the past year, their collective commitment to securing a fair and equitable custody agreement has endowed me with a profound understanding of Virginia's custody laws.- Jamius V.
Ms. Dawn has consistently demonstrated unwavering dedication to my case, ensuring seamless guidance from its inception to its resolution. Her responsiveness to my legal inquiries has been exceptional, often addressing them with remarkable promptness. Simultaneously, Ms. Soo has remained well-versed in the particulars of my case, delivering unparalleled representation within the courtroom.
I wish to extend my heartfelt gratitude for facilitating a safe and harmonious environment for my daughter. While it is customary for negotiations to leave parties with varying degrees of satisfaction, I firmly believe that the outcome achieved could not have been more favorable. Thank you immensely for your invaluable assistance!” -
“Thank you so much for sharing your information on the internet. I have been with the same man for 35 years - high school sweethearts. I have tried so hard for so long, and slowly over the past year and a half, I was doing what your site recommends - taking time during the silence to read, journal, reflect and work on myself. THEN I found your page "Narcissism, Stonewalling, & Ghosting". THANK YOU so much for sharing the details you've gleaned over your career and compiling them in such a clear, concise manner! This page describes my relationship to a T! Your site pulls together all the signs, and symptoms I have been slowly connecting, but with your help, I now have a better description of the personality I'm married to.”- Anonymous
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“- Former Client
Gentle pacing when needed. Patience and excellent listening skills have really been a saving grace.
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“- Former Client
Dawn and Soo are great attorneys who give you support, empathy, prompt advice with experience and knowledge. Customer service from the office is also superb. Thank you so much for your kindness and wonderful guidance through difficult times.
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“- Former Client
I am very happy that Mr. Thompson took the time to hear my "elevator pitch" and chronology about what my issues were without interruption or tangential questions. He further demonstrated that he is very detail-oriented and made some very good points I hadn't considered with my case.
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“- Former Client
I felt the attorney had useful knowledge of the Virginia Landlord tenant law. He was able to help me decide which path might be the best to take, given many clear options. Thanks!
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“- Former Client
Soo Keithley and Dawn Rogan-Titus were an inspiration to me as they helped direct me through the divorce procedure. They both knew how to handle a controversial divorce and guided me in the process of what to expect. Divorce is a very emotional time for anyone and to know that your lawyer will do anything to help you is refreshing. They were always honest and upfront with my questions even if the answer was not what I wanted to hear. Their legal team worked well together and complemented each other. All were very professional yet very friendly where this can be a very hard mix to find in lawyers this firm had an impressive dynamic. Thank you to Soo, Dawn, and your team for helping me through this excruciating time in my life.
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The attorney was frank and gave me helpful advice.
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“- Hope G.
I just met with Henry Thompson II, who helped me think through my complex and highly emotional family law case. He gave me helpful advice and took the time to answer my questions as well. When the consultation appointment ended, I felt like I had a good sense of how to proceed, both practically and as far as my mindset. Thank you very much! My case is one that shows that it's better to retain legal counsel early in the process rather than waiting year after year to pass.
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Why Choose Keithley Law, PLLC?
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We Are Prompt & Responsive
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We Listen to Your Concerns
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We Are Transparent & Honest
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We Find Creative Solutions