Divorce Lawyer Fairfax VA
Honestly, divorce is never easy, let me defend your legal rights, as a Divorce Lawyer Fairfax VA, have represented clients in divorce proceedings in Fairfax County circuit courts as well as surrounding Virginia counties.
Read below important information about divorce defense strategies:
What Are The Steps Required For a Fairfax County Contested Divorce?
Divorce Attorney Files The Complaint About Divorce On Behalf of the Plaintiff:
The first step in the Virginia divorce process is the preparation and filing of the Complaint about Divorce.
The Complaint about Divorce outlines the list of demands, such as:
- Attorney’s fees;
- Spousal Support;
- Child Support;
- Custody;
- Equity Distribution;
- Etc…
Defendant Files an Answer and Counter-Complaint:
The defendant is given twenty-one days to submit an answer along with a counter-complaint.
To obtain more details about your divorce, you can contact our Divorce Lawyer Fairfax VA for a phone consultation at 703-786-8340.
Virginia Divorce Law Requirements
| Divorce Steps | Description of Divorce Step |
|---|---|
| Virginia Divorce Law Code Section | Virginia Law Section 20-91 |
| Virginia Residency Requirements For Divorce | Defender or plaintiff must be resident and domiciled six months before filing for divorce. Virginia Law Section 20-97 |
| Waiting Period Before Filing For Divorce | Decree immediate on the determination of issues. Remarriage is prohibited during the appeal. |
| ‘No Fault’ Grounds for Divorce | Must be separated for 1 year. |
| Other Grounds for Divorce | Adultery, Criminal Conviction of Felonies, Abuse or Cruelty or One Year Separation |
Can I File a Pendente Lite Request For Relief?:
If you are facing financial difficulties after separating from your spouse and you require assistance, our experienced attorneys can help you request pendente lite spousal support.
Your reliance on your spouse’s income during the marriage may entitle you to temporary support while the divorce is pending.
One key point is that the Pendente lite Relief is temporary and will expire when the Final Decree of Divorce is entered.
Divorce Lawyer Fairfax VA Highlights What is “Discovery”?:
Throughout the divorce, our experienced divorce lawyer Fairfax VA, can request documents and sworn statements from your spouse to determine the arguments and evidence your spouse is planning to use at the divorce trial.
The discovery process allows you and your attorney to prepare an effective defense.
The discovery process includes a list of questions or interrogatories that your divorce attorney sends to the opposing spouse.
In addition to the interrogatories, a request for the production of documents is submitted.
Interrogatories and requests documents can be related to any issue on which you or your spouse is asking the court to rule.
A Settlement Agreement May be Reached Prior to the Divorce Trial:
The Virginia Divorce Process can be very lengthy and expensive.
A well-drafted and carefully negotiated property settlement agreement can lead to a faster divorce, assuming of course that both parties reach an agreement.
The property settlement agreement can then be incorporated into the final divorce decree.
A Divorce Trial is the Final Step of a Contented Divorce:
At the pretrial conference, your Divorce Attorney Fairfax VA will discuss with the Opposing Counsel and the Judge the status of the divorce case and the possibility of a settlement that might lead to a Divorce Mediation.
A Divorce Trial is the Final Step of a Contented Divorce:
A divorce trial will include opening and closing statements presented by your Divorce Attorney.
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Witnesses can be called to testify in front of the judge. Divorce trials can last from a few hours to weeks. At the end of the trial, the judge will decide on issues including:
- Child Custody
- Equity Distribution
- Child Support
- Spousal Support
Make sure to hire an experienced divorce lawyer Fairfax VA who cares about your legal rights, who is dedicated to listening to your needs and concerns, who will be honest with you about your case, and who will work hard to assist you with your legal matter:
Being accessible. You will have direct access to your assigned attorney. Communication through email and telephone are encouraged, so you can ask questions whenever needed.
Being aggressive. Your attorney will work hard to protect your rights.
Being sensitive. Family matters are not easy, our attorneys will do their best to simplify the legal work and to be compassionate.
American Lawyers Group, PLLC assists clients throughout Virginia to include the counties and courthouses listed on this page.
Give our Virginia Divorce Attorneys a call for an initial consultation at 703.786.8340.
Our divorce lawyer Fairfax VA can assist you with your Virginia Divorce, regarding your separation guidelines and agreement and issues related to child support, custody, or spousal support.
Give our Divorce Lawyer Fairfax VA a call to discuss your legal matters at 703.786.8340
What Conditions Have to Be Met To File For Divorce in Fairfax VA?
-To obtain a divorce in Virginia, either your spouse or you have to be a resident of Virginia for at least six months prior to filing for divorce in Virginia.
The same requirement applies to uncontested divorce in Virginia.
-If there are no children from the marriage, you must be separated for a minimum of six months and have a written property settlement agreement before you may file for an uncontested divorce.
-If there are children from the marriage, you must be separated a minimum of one year before you may file for divorce in Fairfax VA.
-If you are seeking a divorce based on fault grounds, such as cruelty or adultery, your attorney can help you to file right away.
Our Virginia Divorce Attorneys will guide you through all the required legal steps and will make sure you are heard and your concerns are taken care of.
What Information Included In The Virginia Complaint About Divorce:
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- Date of Marriage
- Place of Marriage;
- Each Spouse’s Current Living Arrangements;
- Military Status of each Spouse;.
- The Grounds for Divorce;
- How Long Spouses been Separated;
- Children’s Names and Ages.
-
How Will Adultery Impact my Divorce in Virginia?
If either your or your spouse’s adultery leads to your separation, you should know the legal ramifications of adultery in Virginia divorce proceedings.
First, I will discuss the definition of adultery and how it is presented to the court.
Then, I will talk about how adultery might impact your case and possible defenses against such a charge.
Defining and Finding Adultery in Virginia
Adultery is voluntary sexual intercourse with someone that is not one’s spouse.
Adultery can occur during a time of cohabitation or during separation; even when a married couple is separated sexual relations outside marriage are still considered adultery.
A spouse accusing the other party of adultery rarely has direct evidence to present to the court.
Therefore, adultery is usually presented through strong circumstantial evidence, which means that it suggests fault but does not conclusively prove it.
For example, evidence might include text messages or other correspondence with a spouse’s extramarital partner.
How Adultery Will Impact Court Proceedings in Virginia As Explained By Divorce Lawyer Fairfax VA
Divorces in Virginia either occur with or without grounds for fault. Grounds for fault are harmful actions contributing to divorce.
If a fault is not found, then a no-fault divorce can be obtained after a period of one year without cohabitation.
Virginia recognizes the following faults for divorce: adultery, a conviction of a felony, willful desertion, and cruelty.
If the court finds that a party’s actions constitute a fault, then a divorce can be obtained immediately.
Fault and no-fault divorces may have separate outcomes for spousal support judgments.
A no-fault divorce does not lessen either party’s obligation to support the other spouse and spousal support may be granted if there is an economic disparity between the two parties.
In a fault divorce, no permanent spousal support will be awarded to the spouse found at fault unless the court determines that a denial of support would constitute a manifest injustice.
Three Defenses to an Adultery Claim in Virginia
Even if a party did commit adultery, there are some cases where the court does not find fault in a divorce.
First, if the parties continued to cohabitate after the innocent party learns about adultery the court will not find fault.
Second, if the act of adultery occurred more than five years before the filing of divorce the court will not find fault.
Finally, if the act was committed by the connivance of the alleging party the court will not find fault.
The term “connivance” refers to the alleging party’s consent or participation in the adultery, or their encouragement of the commission of adultery.