Fairfax Family Lawyer

Let us defend your family case in court. As a Fairfax family lawyer, I have helped clients with their custody, divorce, and many other cases.

read below the type of family cases we defend in court

Fairfax Family Lawyer Explain Divorce in Virginia:

The dissolution of a marriage can be quite a stressful and emotional roller coaster. Family law attorneys are skilled at devising a settlement plan to avoid a trial.

For a spouse to file for divorce, several requirements must be met before pursuing a complaint in court. 

These requirements include both parties living separately for one year, and either one of the spouses must be a resident of the state of Virginia for at least six months before filing for divorce.

According to the laws in Virginia, a decree of divorce can be granted on either fault or no-fault grounds.

The latter is where both parties have parted ways for over one year and have done so intending to remain separated. 

In contrast, fault grounds are laid out under the Virginia Code §20-91 that include desertion, adultery, a spouse being convicted of a felony, and imprisoned and cruelty towards the other spouse.

The spouse must provide clear and sufficient evidence for a judge to order a final decree of divorce.

Important Details About Child Support Legal Representation

In most cases of divorce, where there are no minor children involved, these issues are somewhat easy to resolve.

However, matters become complex when these issues, such as child support and custody come into the picture. 

Parents are obligated to provide support to their children, irrespective of whether or not they are married.

 

The child support orders are determined based on both the parent’s income and how much they provide in a single household. 

If the court believes one parent is voluntarily unemployed or under-employed to reduce their child support payments, it can impute income to the parent.

Throughout the determination, the court will look at the parent’s work history, prior earnings, education, and possible job prospects for that parent.

Child Custody and Visitation 

Reaching an agreement concerning child custody and visitation can be overwhelming during a divorce.

There are certain cases where parents agree on arrangements that work for both the parents and are in the best interests of the child, but in most cases, a trial is necessary to resolve this issue.  

Custody is the legal responsibility of a parent to take care of a child that is under 18. There are two types of custody: physical and legal.

Whoever has physical custody is known to have primary custody of the child. In simple terms, this means that the child primarily lives with one parent, and the other parent will only have certain visitation hours. 

On the other hand, Legal custody refers to which parent has the power to make big decisions regarding the child’s life.

These decisions include issues of his education, medical care, and just general well-being. In some instances, both parents may be awarded joint legal custody.

Whereas in some cases, only one parent might have sole legal custody, and so only they will be able to make significant decisions about the child’s life.

Adoption

Cases that involve adoption can be quite emotionally draining.

Adoption is a complicated process where children who have been legally separated from their biological parents are placed with new parents who then will have the same rights that of the birth parents. 

Chapter 12 of the Virginia Code lays down the procedure for adoption.

There are two types of adoptive placements that are allowed by the law in Virginia.

These are agency placements and non-agency placements. Agency placements are carried out through the apartment of social services or proper licensed child-placing agencies.

In contrast, non-agency placements can take place through a stepparent, a close relative, or any adult.

Children of all ages can be adopted, including adults under certain conditions. However, a point to note is that any child who is 14 years old and above will get to give their consent during the adoption process.

Why Should you Hire a Fairfax Family Lawyer?

Whether you’re in the process of a divorce, messy custody battles, or need information about the process of adoption, it’s in your best interest to work with an experienced Fairfax Family lawyer.

The attorneys here at the American Lawyers Group have years of experience handling thousands of cases by providing efficient legal representation in court to reach the best outcome for their clients. Call us today for a free consultation.