Divorce Lawyers In Fairfax Virginia

Divorce in Fairfax, Virginia

The Virginia attorneys of SRIS, P.C. are experienced at handling complex divorce cases in Fairfax, Virginia. Our lawyers have litigated divorce and child custody cases in both the Circuit Courts and Juvenile and Domestic Relations District Courts of Fairfax, Virginia.

If you wish to consult a SRIS, P.C. Virginia attorney regarding a divorce in Fairfax, Virginia, please simply contact us 888-437-7747. A Virginia lawyer from our firm will gladly consult with you regarding your divorce in Fairfax, Virginia.

Divorce Lawyers In Fairfax Virginia


The following are the statutes that address filing for a divorce in Virginia:

Virginia Code § 20-95. Grounds for divorces from bed and board in Virginia

Virginia Code § 20-91. Grounds for divorce from bond of matrimony in Virginia; contents of decree


Our clients frequently ask us questions about obtaining a divorce in Fairfax, Virginia. The following are some of the issues asked about:

Getting Divorced in Fairfax, Virginia

Are There Different Types of Divorce in Virginia?


Yes - there are two types of divorces in Virginia. The first is called "a mensa et thoro" (divorce from the bed and board). This is what's known as a "qualified" divorce, meaning the parties are legally separated - but during the term of this qualified divorce they may not remarry.

The second type of divorce in Virginia is called "a vinculo matrimonii" (divorce from the bonds of marriage). This type of divorce is the most common and is "absolute" - meaning once granted - the marriage is permanently ended. The former partners are free to marry again if they so choose. Everything following is based on this absolute divorce.

There are as many reasons for people seeking a divorce in Virginia as there were for getting married in the first place. We won't get into the personal aspects of divorce, except to say that old adage "Marry in haste, repent in leisure" is as true today as it was when first penned.

"At Fault Divorces" - What's Required?


In Virginia, there are many grounds for granting a "for fault" divorce. Some of these grounds include: Willful desertion or abandonment, cruelty, adultery (and other sexually related acts), or conviction of a felony. However, the spouse being sued for divorce in Virginia can raise "defenses" to these grounds, in order to alter, refute or mitigate the "for fault" charges.

Does Virginia Have "No Fault" Divorce?


Yes, The Commonwealth of Virginia permits "no fault" divorce. But certain requirements must be met in order to receive such a divorce. The divorcing couple must demonstrate they've lived apart - both continuously and intentionally - for a period of at least one year.

There is an exception to this Virginia No fault Divorce Law. If no minor children are involved, and the parties have entered into a property settlement agreement, the time of separation required is reduced to six months before a no-fault divorce can be granted.

Property Distribution Of Divorcing Parties in Virginia

One of the most complex areas of Virginia divorce law relates to the distribution of property. The method of distribution used in Virginia is called "equitable distribution."

In Virginia, equitable distribution usually is determined at the conclusion of the divorce proceedings. This distribution determines the relative rights and interests of the divorcing parties in property acquired before, during or even in some cases after the marriage. Virginia sorts the property under three classifications to determine who gets what.

How Property is Sorted Under Virginia Divorce Law


In Virginia, there's "Marital Property" "Hybrid Property" and "Separate Property."

Determining the parties property rights is a complex and many times difficult and painful task. It's also one major area fraught with ill-will and animosity. Skilled and aggressive legal representation is essential in achieving an equitable, fair and desired outcome. Many times one spouse is so distraught, they literally are not thinking straight. Competent representation insures all options are thoroughly investigated - without one party being taken advantage of over the other.

(Just listen to the many country and western songs about this very topic. I'm sure you remember one of the most famous: "She got the mine and I got the shaft." That's one good reason why having a skilled divorce attorney is so vitally important!)

Alimony in Virginia: How Is Spousal Support Determined?


Another complex area of Virginia divorce law requiring thorough and careful legal representation is spousal support - or more commonly known as alimony. In Virginia, spousal support may be awarded to assist a financially dependent party depending upon circumstances.

Such awards vary greatly, and are based on a host of factors. Age, duration of the marriage, earning potential, assets, and marital history all play a part in the support settlement. Unlike in former days, it's now common for spousal support in Virginia to be awarded to either the woman or the man.

It's imperative to get a fair judgment right at the beginning, because changing the support schedule later on down the road after the divorce is finalized is a costly and difficult affair.

Child Custody In Fairfax, Virginia - "The Best Interests Standard"


Along with property distribution, the custody of minor children is often the most contentious and heart wrenching in divorce and other family law matters.

In Virginia, the Court is guided by the "best interests of the child" legal standard in determining who gets custody. The legal elements and factual factors are oftentimes complex and lengthy. Custody may be awarded "jointly" or "solely." In the absence of an agreement, the court will also decide visitation rights.

Here's the text from the appropriate Virginia Statute: Paragraph 20-124.2. Court-ordered custody and visitation arrangements.

"The court shall assure minor children of frequent and continuing contact with both parents, when appropriate, and encourage parents to share in the responsibilities of rearing their children. As between the parents, there shall be no presumption or inference of law in favor of either. The court shall give due regard to the primacy of the parent-child relationship but may upon a showing by clear and convincing evidence that the best interest of the child would be served thereby award custody or visitation to any other person with a legitimate interest. The court may award joint custody or sole custody."

In joint legal custody, both parents share the access to educational, health, and other records. Both also have equal footing in making decisions where the welfare of the child is concerned. There is also joint physical custody - which can be somewhat different.

An experienced Virginia lawyer from our firm will explain to you about each type of custody and what that means for both the parents and the children.

Calculating Child Support


In Virginia, child support obligations are largely determined by the needs of a child, the ability of a parent to pay, and Virginia's statutory support guidelines. Again this a complex area - and one where the help of a lawyer is in everyone's best interests.

Property Settlement Agreements in Virginia Divorce Cases


A Property Settlement Agreement (PSA) is a legal contract between the divorcing parties. The PSA is a mutual, contractual settlement of issues relating to the divorce and can be enforced by the court. Of course, skillful legal representation is essential to successfully negotiating a PSA that protects a party's rights.

If you are contemplating divorce, or have already been served with divorce papers, an initial consultation is the absolute minimum step you should take. Then you'll know what your rights are, and more importantly - how to protect them.

We understand that divorce is a trying, difficult and painful time. But believe us when we say: It'll be even more difficult after the divorce is over and you're left with not only the heartbreaks - but the short end of the financial and custody stick as well.

Contact an experienced Virginia lawyer today for help regarding your divorce in Fairfax, Virginia.

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