DIVORCE LAWYER VIRGINIA

Going through a divorce is the most stressful time that a couple may face in their life. As a divorce lawyer Virginia licensed attorney, I can fight for your divorce legal rights in court. Give me a call to discuss your divorce.

read below all the divorce issues that can be resolved prior to litigation

Issues resolved through a divorce include support, child custody, and equitable distribution.

This article will elaborate on the important information you need to know regarding Virginia’s divorce laws and the processes for filing for divorce in Virginia

What Is The Difference Between Contested and Uncontested Divorce in Virginia?

In Virginia, divorce is either contested or uncontested. An uncontested divorce occurs when the couple agrees to split their properties in an amicable manner without having the judge decide on these issues.

These issues may include division of property (both real and personal) and debts, support, and child custody.

Our Fairfax divorce lawyer can assist with your equitable distribution or spousal support litigation in court.

However, a contested divorce is when the two parties are unable to reach an agreement and need the court to make the decision for them. 

Contact our divorce lawyers Virginia to discuss your divorce options. Attorneys can also help you with your military divorce in Virginia. Call now at 703-786-8340.

Why Do People Get A Divorce? Outlined by Divorce Lawyer Virginia:

You might be wondering about some of the reasons people get a divorce.

The grounds for divorce are enumerated in Virginia Code Section § 20-91.  These reasons are:

• Infidelity (Adultery)
• Conviction of a felony and confinement in jail for more than a year.
• Cruelty (physical or mental abuse)
• Desertion or constructive desertion
• Separation for one year
• Separation for six months in one limited circumstance.

You can file for an uncontested divorce (no-fault divorce) or for a contested divorce for any of the reasons above.

When you decide to file for divorce, you must state the grounds for your divorce; in other words the reasons for the divorce.

Whether looking for a Fairfax divorce lawyers or  Manassas divorce attorneys, you should give us a call for a free consultation and compare our fees. A divorce can be very expensive so why pay more for your divorce ?

Virginia Divorce Law Requirements

Contact a divorce lawyer Virginia to help you decide your basis for divorce and guide you through the process.

Many couples file for a divorce based on twelve-month or six months of separation.

This means that there is no fault by either party, but rather a conscious act of separating.

An example of an uncontested divorce is when the couple agrees on the distribution of their properties, custody, and support issues.

The divorcing couple may enter into a property settlement agreement to resolve all their pending issues.

Consult with a Virginia divorce attorney to guide you if a property settlement agreement is appropriate in your divorce case.  

Can I Get A Divorce In Virginia?

In the Commonwealth of Virginia, you can file for a divorce in Virginia if you meet all of the following requirements:

Being A Virginia Resident

To file for divorce in Virginia,  you and/or your spouse have to be a resident of the Commonwealth of Virginia for at least six months prior to filing.

The residency requirement is different from one state to another. Consult with an experienced divorce lawyer Virginia to find out if you can file for divorce.

Separation

Under Virginia domestic relations law, only one party needs to have made the conscious effort to separate from the other spouse for either one year or six months.

The separation must be continuous, uninterrupted, and without any cohabitation or the resumption of the marital relationship.

Another factor to consider is how they held themselves to the outside society However, separation may not require one party to move out of the marital home.

Virginia law allows the divorcing parties to continue living in the same house under certain circumstances.

The separation must be proven by clear and convincing evidence and can be affirmed by testimonies.

A divorce lawyer Virginia counsel, will walk you through the process and explain to you the steps you need to take in order to establish that you have been separated from your spouse under Virginia law.

What are the Grounds for Divorce in Virginia?  Answered By Our Divorce Lawyer in Virginia.

As mentioned previously, Virginia Statute Code Section § 20-91 has enumerated the multiple grounds for divorce.

The divorce can be either a fault-divorce or no-fault divorce. A no-fault divorce is based on one year or six months of separation.

A fault divorce is based on one of the grounds as enumerated in the Virginia Statute such as adultery, physical or mental abuse, abandonment (desertion) or constructive desertion, and conviction of a felony or confinement for more than 12 months.

The common scenario is when one spouse (the Plaintiff) files a Complaint about Divorce accusing the other spouse (the Defendant) of committing one or more of these grounds.

Defendant, on the other hand, may defend themself and file a counter-complaint accusing Plaintiff of the same or similar wrongdoing.

At that point, a judge will make the decision as to whether the alleged grounds for divorce are valid and who was at fault during the marriage.

What’s the bottom line?

Divorce is a complicated process and understanding the ins and outs of it will ease this process to you and put you in a position where you can make informed decisions and save your time and money.

Consult with a divorce lawyer Virginia to walk you through this process and help make the right decision for your children and yourself.

What Is The Process Of An Equitable Distribution in Divorce?

Equitable distribution refers to the fair split of assets between the two parties.

The split of assets will be divided between the parties either by agreement through the property settlement agreement or by a Court order through the equitable distribution trial (ED trial).

The equitable distribution includes but is not limited to: child support, spousal support, properties either real or personal, bank accounts, taxes, debts, business ownership…etc.

Consult with your divorce attorney for a full understanding of this process and how you can get a court order or an agreement on your properties.

The process to file for divorce is outlined by Divorce Lawyer Virginia:

Filing for Divorce:

Once you understand your situation and understand that you qualify for divorce in Virginia, the first step is to file the complaint about divorce in the correct court.

It is highly recommended that you seek the help of a family law attorney to make this process time and cost-effective.

Your Spouse’s Response and/or Cross Complaint

After your spouse has been duly served with the complaint about divorce, they have twenty-one days to respond to the complaint about divorce accepting or denying the allegations made in the complaint about divorce.

Your spouse may also make the same or different allegations against you in her response and this is called “counter-complaint.”

For example, if one party is filing for divorce based on adultery the other party has the opportunity to answer these allegations and defend himself or herself by making their own allegations in his or her counter-complaint.

You will also have to respond as well within twenty-one days.

Depending on the case, these allegations and responses could affect the outcome of the divorce, so it is important to take these steps seriously and consult with a divorce attorney before you proceed.

Motion for Pendente Lite Relief

This is the most important motion in most divorce cases. Pendente Lite is a Latin phrase that means “pending litigation”.

This motion is basically asking the Court to temporarily decide on urgent issues during the pendency of the divorce that can not wait until the case is finalized. Our Manassas divorce attorneys have represented clients in their divorce in Prince William county Virginia.

Some examples of the Pendente lite requests may include:

• Temporary order on child custody and visitation;
• Temporary order on maintenance support for children and/or the other spouse;
• Temporary order on the exclusive use and possession of the marital home or other properties by one spouse;
• Temporary order on which party will assume the financial responsibilities towards the marital properties and other expenses as the court deems necessary;
• Temporary order enjoining both parties from disposing or committing waste of the marital properties;
• Temporary order enjoining the parties from threatening, harassing, harming, or abusing each other in any way.

These are just examples of what you can ask the judge to decide on during the pendency of your case.

A divorce attorney in Virginia can outline to you what are the most important issues that you need to ask the court to rule on while waiting for the divorce.

Pretrial Divorce Motions

There are multiple motions that can be heard before the divorce trial date. The most important one is the Motion for Pendente Lite Relief.

There are some other motions that the judge may hear before the trial date and the type and the time of these motions depend on the specific factors of each case.

Examples of some pretrial motions may be a motion to change of venue, demurrers, pleas in bar.

A knowledgeable divorce lawyer Virginia will be able to direct your case as applicable to the facts of your divorce, including which motions are necessary in your case.

How Do I Get The Evidence I Need For Trial? Divorce DISCOVERY!

Discovery is the process of collecting evidence from the opposing party.

The standard used in a divorce case is “clear and convincing evidence”.

The process of divorce discovery includes Interrogatories, Request for Production of Documents, Depositions, Requests for Admission, and Subpoenas.

When the request for discovery is made by one party to the other, the other party is under the obligation to answer and provide the documents requested in the discovery in a timely manner.

Failure to do so exposes the party to sanctions as imposed by the court.

These sanctions may include the deficient party being compelled to answer the discovery within a limited time frame, the deficient party may be barred from providing evidence at the final trial, and the deficient party may be required to pay attorney’s fees to the other party.

What Are Divorce Interrogatories and Requests for Documents?

Interrogatories are a set of formal questions directed from one party to the other.

They are basically requesting each party to disclose information related to their finances, properties, jobs, education, medical and criminal history, their relationship with their children and families.. etc.

The parties are also answering questions related to the allegations made in the complaint about divorce and explaining why he or she should prevail in their allegations.

These questions are answered under oath and they are used for or against that party at trial.

The Request for Production of Documents is also a set of requests directed from one party to the other.

They are asking each party to submit documents supporting their answers to the interrogatories and support the allegations made in the Complaint.

Examples of the documents requested may include but are not limited to: bank statements, credit card statements, tax returns, pay stubs, deeds, loans, medical reports, school reports, degrees, court records…etc.

The process of discovery is a complicated and lengthy process and has to be done accurately and in a timely manner.

There are some questions or requests that may not be relevant or not available.

A family law attorney will work with you through this complicated process and guide you to get a favorable outcome.

How Are Divorce Depositions Different?

Depositions are formal oral testimonies that are used to gather information to be used as evidence at the trial.

A deposition is done outside the court in the presence of the two parties, their attorneys, and a court reporter.

Depositions occur when a witness is not available to testify at trial or if there is a doubt that one of the parties is hiding information and examining him or her before trial would enable the other party to uncover this hidden information.

What Are Subpoenas?

Subpoenas are summons issued by divorce lawyer Virginia to secure the witness’s appearance at the trial.

Subpoenas must be issued and served on the witness at least 5 days before trial.

A divorce lawyer Virginia can issue a subpoena on any person including friends, family members, and professional experts such as doctors and teachers if there is reason to believe that person has relevant information.

An example of a subpoena in a divorce case involving adultery,  the lawyer can issue a subpoena to the person who was involved with the spouse accused of the adulterous acts.

Subpoenas also can be used to collect documents to be used as evidence at trial.

These subpoenas are called “Subpoenas Duces Tecum” and they are sent to the custodian of these documents formally asking this person to release this information and documents.

These documents may include medical records, bank statements, or phone logs by telephone companies. Make sure to hire an experienced divorce lawyer Virginia to fight for your legal rights.

The Divorce Trial Outlines by Divorce Lawyer Virginia

The divorce trial is the day where the judge hears testimony and reviews all the documentary evidence presented.

Each party testifies and presents their evidence with the help of their attorney.

You must know that not all testimonies or documents are admissible into evidence.

In fact, they are subject to the Virginia Rule of Evidence. A knowledgeable and experienced Virginia trial attorney will be able to know how to present a document or a witness to the judge in order to be admitted as part of the trial record.

The Court Order

After the judge examines the evidence and the testimonies admitted at trial, the judge will make a decision.

In some complex cases, the judge may take the case under advisement before issuing the Final Order of Divorce.

Once the judge signs the Final Order of Divorce it becomes binding on both parties and they have to abide by its terms.

The Divorce Order may set some obligations on the parties with some deadlines.

The party who does not follow the court order will be subject to a rule to show cause and may be found in contempt of the court.

Your divorce lawyer Virginia will be able to review the Court Order with you and walk you through these obligations and deadlines to avoid you going back to court on any violations.

What’s The Bottom Line?

The bottom line is that divorce is not always an easy process, but you can make it easier by contacting a family and divorce lawyer Virginia.

It is vital that you know the specifics of the divorce laws in Virginia, as every state is different. I hope you enjoyed reading this and are able to handle your case with confidence.