Virginia LGBT - Lesbian Gay Bisexual & Transgender - Legal Issues
André A. Hakes, a partner at Tucker Griffin Barnes, and Charlottesville gay rights activist understands what it is to live in Virginia as an LGBT citizen. Through her extensive experience as a Virginia trial lawyer, her committed work for equality and justice, and her own identity as a member of the GLBT community, she has gained unique insights to the difficulties members of the community face as they form relationships, establish families, acquire property, transfer wealth, and when necessary, separate to go their own ways.
Our Charlottesville LGBT attorney
Recent Awards and Recognition:
- Voted Charlottesville's "Favorite Law Firm," 2011 Daily Progress.
- Voted Charlottesville's "Best Of" Law Firm, 2011 C-Ville.
- Voted Charlottesville's "No.1 Family Lawyer," 2010 Albemarle Family Magazine.
- Recognized in BestAttorneyOnline.com for "Best Accident & Injury Law Firms" in Va.
- Recognized in Guaranteed Lawyers for our "Personal Injury Practice."
- Recognized in the Super Lawyers "Virginia Rising Stars" list.
- Listed in Martindale-Hubbell's 2011 "Directory of Distinguished Attorneys."
Frequently asked questions about LGBT legal issues in Virginia
Is there a legal provision for gay divorce?
Gay and Lesbian relationships are in most ways unrecognized by Virginia law. As a result, not only is there no provision for gay marriage – there’s no provision for gay divorce. Ending a long term relationship in which there are substantial jointly held assets can be a huge problem. A partition suit is one way to accomplish the division of property, so that everyone can move on with their lives. Partition can apply to personal property, but is more commonly used to force the sale of jointly owned real estate, particularly if there is substantial equity. If you are stuck in a loveless same-sex mortgage, a partition suit may be the way out.
Should I be concerned about being targeted by the police?
In 2003, the U.S. Supreme Court struck down the Texas sodomy statute in the case of Lawrence v. Texas, holding that intimate consensual sexual relations between consenting adults are constitutionally protected. That case had the effect of rendering similar laws all over the country unconstitutional. To date, the Virginia state legislature has failed bring its state statute into compliance. The result is that you can still be charged in Virginia with a felony for conduct which the highest court in the land has deemed protected. In some areas, police still conduct “sting” operations targeting the gay community. Depending on the circumstances, a criminal defense attorney may be able to have such charges dismissed.
How has Virginia law changed in recent years, with regard to LGBT issues?
In 2008, the Virginia General Assembly passed a law to allow for the creation of Advance Health Care Directives Registry, to allow citizens to designate decision makers in the event of a health care emergency. However, the implementation of the registry is not yet complete. In 2010, the Small Business Insurance Parity Act was passed, allowing all businesses in Virginia to offer domestic partner group life insurance benefits. There are bills offered every session before the legislature every session which affect LGBT persons, couples and families.
What should I be doing to protect my partner and family if something happens to me?
Under DOMA (Defense of Marriage Act) and Virginia’s constitutional amendment prohibiting gay marriage, LGBT persons face special estate planning and related concerns. For instance, same-sex couples are denied access to their partners’ social security benefits. There are things you can do, however, to plan for your future. Estate planning documents can be tailored to fit the special circumstances of LGBT families, and protections can be put in place to minimize the negative impact of certain laws, and to capitalize on legislation which benefits the community in one way or another.
What is your fee structure?
We handle cases on a flat fee or hourly basis. We offer initial consultations at our hourly rate. At the end of the consultation, we can determine the appropriate fee structure for your case, and you can evaluate our services and decide if you want to hire us.
Tucker Griffin Barnes - Where deep insight equals powerful advantage.
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Please contact Tucker Griffin Barnes in Charlottesville, VA, or Lake Monticello, VA, when you need legal advice. We are a full-service law firm and represent clients in matters ranging from personal injury, workers compensation, and Social Security Disability, to criminal law, divorce, and real estate.
Our geographic reach is broad. We provide legal services all over the state of Virginia, but especially to locations in our immediate area: Charlottesville, Crozet, Ruckersville, Earlysville, Scottsville, Lake Monticello, Palmyra, Stanardsville, Barboursville, Gordonsville, Waynesboro, Albemarle Co., Greene Co., Madison Co., Culpeper Co., Orange Co., Fluvanna Co., Louisa Co., Nelson Co. and Augusta Co.
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