Divorce Virginia-Lawyer-Child Custody Laws-Fairfax-Loudoun

If you want to file for an ending of the marriage, you should seriously consider at least talking to an attorney who has a thorough understanding of the dissolution of marriage laws.  Domestic relations proceedings generally raise many complicated legal issues such as alimony, equitable distribution, etc. as a result of the ending of the marriage. Hiring a qualified and competent advocate with the knowledge and training to assist you with your action is critical. Our firm has assisted many clients with obtaining a dissolution of marriage. Our firm has a team of litigators, who have significant knowledge and understanding on how to help a client with a domestic relations cases. Our advocates can significantly help you with your litigation where allegations such as desertion, abandonment, cruelty, adultery etc are brought against you or you need to file the same against your spouse. If you want to file, residency requirements must be satisfied before the court can take up the matter. Before the filing, one of the spouses must have been a resident for at least six months and must be a resident at the time of the filing.

The litigators in our firm understand how stressful and scary a domestic relations action may be for our clients.  Whether the suit is in Loudoun or Fairfax, the process of getting a dissolution is most likely going to be a very scary experience.

Regardless of whether the dissolution of marriage is based on one year separate and apart (a no fault dissolution based on irreconcilable differences) or based on adultery and/or abandonment or some other fault ground, having the right advice is critical. For example, how your domestic relations proceeding is going to affect whether you are entitled to alimony is largely dependent on what facts your counsel pleads in the complaint.

Another type of marital action our attorneys assist clients with is an uncontested action.  An uncontested dissolution can be handled in most instances in a cheap and cost efficient manner provided certain conditions are met.  Please contact us if you are seeking to dissolve the marriage in a fast and cheap manner.

Our firm has clients meeting locations in Fairfax, Richmond, Lynchburg, Loudoun, Fredericksburg, Hampton Roads/Tidewater Area and Prince William.

Some of the different grounds for break up of the marriage are as follows:

No-Fault Code § 20-91(9)(a):
Fault Grounds for:
Adultery, Sodomy or Buggery § 20-91(A)(1)
Willful Desertion or Abandonment § 20-91(A)(6)
Cruelty and Reasonable Apprehension of Bodily Harm § 20-91(A)(6):
Conviction of a Felony: § 20-91(A)(3)
Custody § 20-124.3Best Interests; Visitation

How to find the right/best counsel for you?

A recurrent aspect of an ending of a marriage is who is going to get the little ones. These types of suits are extremely emotional as a general rule.  This particular issue can sometimes be the most stressful aspect of a domestic relations litigation.  The thought of losing your pride and joy can be devastating.  Winning this battle can sometimes be most the critical issue in a domestic relations proceeding.  The code is primarily based on the best interests of the minor.  How the best interests is determined is based upon different factors  listed in the code.  The best interests standard applies for modification, emergency or change due to a party moving  out of state and a battle ensuing as a result of the move.  Some other examples are visitation, how to file for a protective order, etc.
So how do you find the best advocate for you.  The honest answer is there is no such thing as the best counsel.  The most important thing you can do when fighting and winning a battle is finding an advocate who understands how important the proceeding is for you and will work with you to do their best to help you.

Some tips:

  • When you use the emergency rules to file a petition, it must truly be an emergency situation such as an imminent harm to the minor or a kidnapping/abduction.
  • Modification based on a substantial change of circumstances warranting a modification. Moving out of state with your minor will usually require a modification.
  • Winning a battle for your pride and joy requires a thorough understanding of the factors listed in Code 20-124.3
  • Filing for a protective order requires as a general rule, imminent harm to the minor.  Therefore, do not file for a protective order based on speculation.  Talk to our protective order lawyers before filing for a protective order.  The Code is 16.1-279.1.
  • Courts generally maintain status quo when this issue is litigated during a separation.  The same applies to visitation as well.
Frequently, when clients come to us, some of the different issues they want to know about are:
  • How long will a divorce in Virginia take?
  • If I am filing to end the marriage, how much will it cost me?
  • Does your firm have attorneys in Virginia Beach?
  • What grounds should we use when we file?
  • How do we use 20-107.3 to our advantage?
  • What process do we need to use to get a contested breakup?
  • What is a no fault dissolution?
  • How do I go about getting out of my marriage?
  • How does the court make a determination as to when the minors will live?
  • Do the Courts favor fathers or mothers?
  • Do I need a separation agreement?
  • How do I go about a separation?
  • How do I find the best domestic relations lawyer?
  • How do I get a modification?
  • What are the rules regarding relocation?