Following the United States Supreme Court’s decision in Obergefell v. Hodges, 576 U.S. 644 (2015), there is no real difference in the divorce process for same-sex couples and opposite-sex couples. But same-sex couples may encounter some additional complications in the divorce process regarding issues such as child custody if, for example, one of the same-sex spouses was the biological mother and the biological father did not agree in writing to terminate his parental rights, and later seeks custody of the child.

In Virginia, following the Supreme Court's decision in Obergefell v. Hodges, same-sex couples have the same rights and processes for divorce as opposite-sex couples. This means that the legal procedures, grounds for divorce, and the division of assets follow the same laws and regulations. However, same-sex couples may face additional challenges, particularly concerning child custody issues. If a child was born to one spouse during the marriage, and the other spouse is not a biological parent, the non-biological parent may need to take legal steps to establish parental rights, such as adoption. Without these steps, the non-biological parent may face difficulties in asserting custody rights, especially if the biological father challenges and has not legally terminated his parental rights. It's important for same-sex couples to understand these nuances and may benefit from consulting with an attorney to navigate any complexities that arise during the divorce process.