Divorce Attorneys Virginia Divorce Lawyers - Divorce Attorneys Fairfax VA (2022)

Divorces put an end to marriages that see no future. Couples opting for dissolution are required to go through various legal processes to thereby fulfill their desires. The executions of all required procedures become challenging without the assistance of efficient divorce attorneys in the state of Virginia. It is natural for a layman to possess no prior expertise and experience in resolving a marital breakup. Therefore, guidance from the best divorce attorneys in VA from the Law Offices of SRIS, P.C. serves useful and resourceful in these circumstances. Competent divorce attorneys in Virginia will propose solutions that incur speedy results. Long-standing divorce attorneys in the state of Virginia have huge loads of experience and cognition to diligently address all marital terminations. Therefore, obtain support from proficient divorce attorneys in Virginia to thereby acquire favorable outcomes in the shortest periods possible.

Divorce attorneys in Virginia recommend accomplishment of the following procedures, prior to the filing of an annulment at the court, to thereby smoothen all trial processes. Attorneys in the state of Virginia possess cognizance of the two main kinds of divorce that are lawfully recognized by the state legislations implemented at the courts. Therefore, marriages are terminated on the basis of fault-based and no-fault based grounds.

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Fault-based dissolution

Judges do not render approval for dissolution that are lodged on the basis of unjust and petty reasons. The Virginian divorce laws recognize a definite set of grounds on the basis on which an annulment can be registered. Abandonment, adultery, criminal accusations, addictions to intoxications, physical abuse, and domestic violence are some of the fault-based grounds that are legally acknowledged by state jurisdictions of Virginia.

A no-fault based dissolution demands a varied set of legal requisites when compared to that of those expected for a fault-based annulment. Divorce attorneys in the state of Virginia from the Law Offices of SRIS, P.C. render legal consultations on the grounds at which marital terminations that fall under these categories can be filed at the courts. Divorce attorneys in the state of Virginia are well aware of the necessities that should be met, prior to the registration of the dissolution process. For instance, the spouses will be entitled to live separately, with no physical and sexual interactions, for one year before the initiation of the lawsuit. This period of 1 year is specifically acknowledged for couples having children. On the other hand, a reduced time period of separation is recognized for the spouses, who have kids from their marriage.

Dissolutions of marriages on the basis of fault-based or no-fault based grounds imbibe a complicated set of procedures that should be executed within the stipulated period of time. Timely accomplishments of these processes can be achieved only with the help of divorce attorneys in Virginia since they possess a better understanding of the laws enforced at the family courts.

Satisfying all requirements

Lawyers in Virginia are cognizant of the pre-requisites that should be satisfied, prior to the beginning of the case at the court. A marital partner, who desires split up, should have been a resident of Virginia for a minimum time period of 6 months, prior to the filing of the annulment. In simpler contexts, the couple should have had residences that physically inhabited themselves for a minimum duration of 6 months. Divorce attorneys in Virginia recommend submissions of voter identity registrations, driving licenses, and tax filings as residential proofs. People serving at the militaries and those employed at foreign lands avail exceptions in these cases. Proactive divorce attorneys in Virginia can be of help in determining the allowances granted for the individuals, who are legally regarded as the non-natives of the state.

Preparation and filing of necessary documents

Dissolution does not just mean separation of the spouses, since all aspects concerning the couple are prone to divisions at the same time. Most importantly, all assets and debts purchased by the marital partners are considered for equitable allocations by the courts. Individuals, who approach divorce attorneys in Virginia seeking assistance in these areas, are asked to present various financial documents including tax returns filed for the last three years, bank statements, and payslips. Several divorce attorneys in Virginia place requests for submissions of attested copies of the financial statements from their clients. Attorneys gather all documents related to the purchase or sale of assets owned by their clients to determine the values of the properties registered under the titles of the latter. Divorce attorneys in Virginia expect a presentation of valid documents issued by authorized financial advisors and banks to ensure legitimacies in the same, prior to the processing of the lawsuit.

Like assets, debts are also prone to equitable splitting between the marital partners. Divorce attorneys in the state of Virginia will also refer to all documents that expatiate on the debts and loans acquired by the couple. Divorce attorneys in Virginia analyze the monetary and non-monetary contributions of each matrimonial party towards meeting the expenses and requirements of the household. Divorce attorneys in Virginia are cognizant of the fact that spouses maintain distinct bank accounts that are solely operated by the latter. Therefore, divorce attorneys in Virginia explore all financial resources possible to determine the net worth of the wealth and liabilities accumulated by the couple during the period of marriage.

Acquire knowledge about the laws

The processes involved in dissolution are well understood and easily accomplished only by gaining cognition on the familial laws that are implemented at the local courts of Virginia. Experienced divorce attorneys in Virginia from the Law Offices of SRIS, P.C. are highly cognizant of the laws that regulate and resolve marriage dissolutions.

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Laws governing spousal support

It is basically referred to as the financial support exchanged between couples, after the finalizations of their decrees. Spousal support is declared during circumstances, wherein one of the spouses earns incomes that are comparatively higher than that of the other. Divorce attorneys in Virginia majorly recommend spousal support during cases, wherein one of the marital parties was entirely dependent on the other throughout the period of marriage when it came to satisfying financial requirements. For instance, spouses, who are homemakers, acquire high chances to avail alimonies from their earning partners. The laws have undergone various modifications to match the current trends and lifestyles of society.

Divorce attorneys in Virginia from the Law Offices of SRIS, P.C. are well aware of the following changes that were included in the divorce laws during the year 2019:

  • The spousal support paid by the earning spouse is no longer taxable.
  • The spouses who receive financial support are no longer required to pay taxes for the compensations acquired.
  • The couples seeking dissolution can draft settlement agreements, related to alimony, on their own. Spouses can also avail assistance from divorce attorneys in Virginia to decide on the terms that govern spousal support, post the legalizations of their separations. The court is also permitted to intervene and resolve issues, concerning alimonies, during circumstances, wherein the marital partners fail to achieve unanimities regarding settlements, even with the guidance of the attorneys.
  • An agreement, that elaborates on the norms that regulate alimony, but does not exclusively explicate on the exact amounts and durations of the allowances, is legally open to consequent modifications. In simpler contexts, spouses experiencing materialistic changes in their livelihoods and living patterns, post their separations, are permitted to place petitions requesting modifications in the existent settlement agreements, unless and until there are provisions for the same. These changes can be ably achieved only with the help of divorce attorneys in Virginia.
  • The retirement of the couple at the age of 67 is automatically addressed and recognized as substantial changes in circumstances that can in turn lead to consequent alterations of a prevalent settlement agreement.

Laws governing child support

With the enforcement of the new dissolution laws at the local courts of Virginia, courts are entitled to pay additional considerations to grant sole or joint custody to the divorcing spouses, who have children. Courts have always considered and analyzed all kinds of custodial arrangements, before declaring judgments pertaining to child detainment. With the implementation of the new change, spouses can expect increased possibilities of availing sole or joint detainments of their children, in most of the circumstances. Like always, judges are also obliged to offer increased attention to the best interests of the kid, while deciding on matters, regarding child support and custody.

Experienced divorce attorneys in Virginia matters

Couples desiring annulments should never hire divorce attorneys in Virginia on a random basis. Explore all legal resources available to get into contact with the best divorce attorneys in Virginia. Read online journals and reviews to get hold of efficient divorce attorneys in Virginia. Divorce attorneys in Virginia associated with reputed law firms are sure to be competent and helpful. Before choosing divorce attorneys in Virginia, gain references of their past clients to acquire evaluations of the services rendered by the former. Acquiring annulments without the guidance of divorce attorneys in Virginia can bring in decreased financial settlements and unfavorable custodial arrangements. Therefore, seek support from proficient divorce attorneys in Virginia to thereby obtain desired outcomes.

Avail consultations from proactive attorneys

A large number of divorce attorneys in Virginia render free initial consultations to better meet the legal requirements of the public. Couples opting for marriage dissolutions can make use of these consultations offered by the divorce attorneys in Virginia to clarify all legal queries. Divorce attorneys in Virginia provide these services to reach out to clients coming from all walks of life. Interact with the divorce attorneys in Virginia to avail clear ideas about the progress of the lawsuit at the court. Transparency is the most important factor that improves the relationship between a client and divorce attorneys in Virginia. Therefore, individuals should never feel hesitant or embarrassed to disclose intimate details to their divorce attorneys in Virginia, as the same may later seem resourceful for the very progress of the case. Divorce attorneys in Virginia will never work to defame or penalize the spouses of their clients. Divorce attorneys in Virginia will solely look to aid their clients in acquiring favorable results.

Alternative solutions to resolve disputes

Attorneys realize the complexities and challenges experienced, upon resolving issues that arise with a legal separation. Therefore, divorce attorneys in Virginia suggest the following forms of alternatives to resolve disputes.

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  • Mediation: A mediation is basically a formal proceeding wherein the divorcing spouses come together in the presence of a third neutral party, called the mediator, who thereby stands responsible to help the couple in resolving issues, concerning settlements. In these cases, the mediator can be retired divorce attorneys in Virginia or an ex-judge or a professional counselor.
  • In mediation, the couple can bring along their respective divorce attorneys in Virginia to the table to guide them through the process, yet there it is not compulsory for them to be present in the mediation. Whenever there is a number of issues needed to be resolved, the divorce attorneys in Virginia can intervene and draft an agreement as to the mediators though well versed in reaching an agreement may not be an expert in blueprinting an agreement. Only expert attorneys in the state have the qualification and experience in preparing watertight agreements that do not lead to any ambiguity in the later stage.
  • Arbitration: The process of arbitration is very similar to that of mediation. In these circumstances, the dispute that is to be resolved is submitted to one or more impartial third parties, with the consent of the divorcing couple, to acquire long-term and reasonable resolutions.
  • Collaborative process: In these cases, each of the spouses is guided and assisted by separate divorce attorneys in Virginia to carry out negotiations, regarding dispute resolution. The couple comes to an agreement where they decide not to go to the court and resolve their issues through discussions along with the divorce attorneys in Virginia. The attorneys at the Law Offices of SRIS, P.C. have experience in collaborative law and can help come to a conclusion quickly without hurting each other’s interest.
  • The divorce attorneys in Virginia may also take the assistance of professionals like counselors, financial professionals, insurance experts, child care counselors, etc. who are neutral and can provide the best of advice in this regard. The collaborative process is profound when compared to mediation. The agreement drawn as a result of a collaborative process is laid on a strong foundation. This method is recommended for the couple who are moving to dissolution with minor kids. Since they need to streamline the issues pertaining to their children for years to come, the collaborative process is the best option.
  • Negotiation: The divorce attorneys in Virginia negotiate with the concerned parties to reach an agreement. Here you can work with one divorce attorneys in Virginia or each spouse can bring their own divorce attorneys in Virginia to the discussion table. The divorce attorneys in Virginia is the right person to find an amicable solution without letting power play get into the negotiation.

Divorce attorneys in Virginia suggest these alternate methods of dispute settlements to incur the following benefits.

  • To reduce the costs that can be incurred upon engaging in court trials and hearings.
  • To enable collaboration and corporation between a couple.
  • To out rule the necessities of court visitations to thereby acquire resolutions to issues that arise with annulments.

A large number of people are unaware of the fact that a majority of the cases get settled outside the premises of a court with the assistance of able divorce attorneys in Virginia. It is natural for individuals to become anxious when they are placed before the judges at the courts for formal interrogations. Additionally, a large amount of time is sure to be consumed to schedule court trials. But these forms of alternate dispute settlements ensure healthier environments, cost-effective procedures, and speedy results.

The options for settling the dissolution outside the court are umpteen but all you need is the guidance of reputed divorce attorneys in Virginia from the Law Offices of SRIS, P.C. who can guide you through the process. Various issues can be resolved without the intervention of the court. It is the duty of the attorneys in Virginia to explain to the couple the complications involved in court dissolution. A little amount of patience and professionalism can go a long way in getting the issues sorted out without courtroom drama. Approach experienced lawyers in VA from the Law Offices of SRIS, P.C. to complete the dissolution process.

In these unprecedented times, it is important to understand that it is not mandatory to go to court for breaking a marriage. There are many options available to terminate a marriage. A reliable legal counsel will explain the course of law and how to complete the process within no time. Courts mean difficulty, delay, and unpredictable judgments. If you want to avoid this, it is time you meet experienced lawyers who can work out a solution that is suitable for a couple seeking to end their matrimony.

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FAQs

How much do divorce lawyers cost VA? ›

On average, Virginia divorce lawyers charge between $280 and $330 per hour. Average total costs for Virginia divorce lawyers are $12,000 to $14,000 but are usually much lower in cases with no contested issues.

Who pays attorney fees in divorce in Virginia? ›

In a Virginia divorce, each party usually has to pay their own attorney's fees. In some cases, one spouse may be required to pay the court costs and attorney fees for the other party. The judge makes this determination.

How much does a contested divorce cost in Virginia? ›

The total costs of a contested case, though, will almost always be more than the retainer amount. I think it's probably safe to say that, most of the time, contested divorce costs range from $15,000 to $30,000 per person (remember that your husband will retain an attorney, too, who will also charge similar rates).

How much does it cost to get separated in Virginia? ›

Generally speaking, separation agreement retainers start at $2,500, and contested divorce retainers start at $5,000 or $7,500. A retainer fee is a sum of money that must be paid up front in order to open your case with the office.

How long do you have to be separated before divorce in VA? ›

In the state of Virginia, it is required that you live apart from your spouse for at least a year before you can file for uncontested divorce (six months if you have no minor children as well as a signed separation agreement).

How long does divorce take in Virginia? ›

Uncontested divorces usually take two to three months, after filing in our experience, and contested divorces can take up to eighteen months. D If you have gone through a contested divorce, and if there is no appeal, your divorce will be final thirty days after the judge signs the final decree.

Does the husband have to pay for the wife's divorce lawyer? ›

The answer to this is “no”. Whilst costs can be limited if proceedings are dealt with online, nevertheless you will always have to pay for the court costs of the petition and decree absolute and any other applications that are made to court. The costs of a divorce ie the legal costs, can vary dramatically.

What is the divorce process in Virginia? ›

To obtain a divorce in Virginia, either you or your spouse must be a resident of Virginia for at least six months prior to filing for divorce. 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 divorce.

How does a divorce work in Virginia? ›

What are the grounds for divorce in Virginia? Grounds are legally acceptable reasons for divorce. You can get a divorce in Virginia without claiming that your spouse is at fault if: you and your spouse live separate and apart without “cohabitating” for at least one year; or.

Can you date while separated in VA? ›

Virginia Does Not Recognize Separation

While no law prohibits dating (note that dating does not mean sex) other people while you are separated from your spouse, it can affect the outcome of any pending or subsequently filed divorce and child custody proceedings.

Do you have to be legally separated to get divorced in VA? ›

Meaning, divorcing couples in Virginia usually go from being married, to living apart (with or without a separation agreement), to getting a divorce—with a court only getting involved at the divorce stage. There is not an interim stage where a Virginia court grants the parties the status of “legally separated.”

Is va a no fault divorce state? ›

No-Fault Divorce in Virginia

Virginia has only one no-fault ground for divorce: separation. Couples who wish to qualify for a no-fault divorce must prove that they've lived separate and apart without cohabitation (sexual relations) for a continuous period of at least one year. (Va. Code § 20-91(A)(9) (2022).)

Can you get divorced for free? ›

With your court fees covered, DIY is the only method of obtaining a free divorce, but it's only viable if you and your spouse agree to the divorce and why you're getting one.

What are the alimony laws in Virginia? ›

Effective July 1, 2020, the pendente lite spousal support guidelines in Virginia are: Cases With Minor Children: 26% x Payor's Income – 58% x Payee's Income. Cases With No Minor Children: 27% x Payor's Income – 50% x Payee's Income.

How much is a simple divorce in Virginia? ›

The basic expense for an uncontested divorce will be the court fee for filing the divorce papers. Filing fees in Virginia may vary from county to county, but they're usually about $90.

Does a husband have to support his wife during separation? ›

a person has a responsibility to financially assist their spouse or former de-facto partner, if that person cannot meet their own reasonable expenses from their personal income or assets. Where the need exists, both parties have an equal duty to support and maintain each other as far as they can.

Who gets the house in a divorce in Virginia? ›

When it comes to property division in a divorce, states must follow one of two methods for dividing a marital estate. The community property method, used by only a handful of states, requires judges to combine all property that either spouse acquired during the marriage and divide it equally between spouses.

How do I start the divorce process? ›

STEP 1: First Motion involves joint filing of divorce petition. STEP 2: Husband & wife appear before court to record statements after filing of petition. STEP 3: Court examines petition, documents, tries reconciliation, records statements. STEP 4: Court passes order on First Motion.

Can text messages be used in divorce? ›

In order for a text message to be usable in a divorce case, it must be authenticated. To authenticate a text message, the other party must readily admit to the text, a witness must attest that he or she saw the message being created, or reply authentication must be demonstrated.

What is the fastest way to get a divorce in Virginia? ›

In Virginia, the quickest divorces are uncontested. State laws dictate you must be legally separated from your spouse for at least 1 year before you can begin divorce proceedings, but once you have filed for divorce, a simple case can be completed in a matter of months.

How long do you have to be married to get alimony in Virginia? ›

If you've been married 1-5 years, the presumption is that you will not receive spousal support. If you've been married 6-18 years, the presumption is that you'll receive support for half the length of the marriage. If you've been married for 19 or more years, the presumption is that you'll receive support permanently.

Who qualifies for spousal maintenance? ›

Spousal maintenance can be claimed in four instances: during the marriage; pending divorce; after divorce; and after the death of a deceased spouse (claimed against the deceased estate).

What happens when you file for divorce? ›

When you file for divorce, you are asking the court to end your marriage. The court will divide the property and debts. If you and your spouse have children, the court will issue custody, visitation and child support orders. A divorce is also called a “dissolution of marriage.”

How can I afford to leave my partner? ›

How to leave a relationship when you have no money (6 ways)
  1. Start a side hustle. Think about what you're good at, and chances are you can turn it into a side hustle. ...
  2. Sell items you don't need. ...
  3. Set a budget. ...
  4. Use coupons and shop sales. ...
  5. Trade services with friends or family. ...
  6. Ask family for help.
Aug 7, 2022

How do I prepare for a divorce in Virginia? ›

6 tasks before filing for divorce in Virginia in 2019
  1. UNDERSTAND THE GROUNDS FOR DIVORCE. ...
  2. MEET RESIDENCY REQUIREMENTS. ...
  3. GATHER FINANCIAL DOCUMENTS. ...
  4. KNOW THAT SIGNIFICANT NEW DIVORCE AND CHILD SUPPORT LAWS CAN IMPACT YOU. ...
  5. FIND AN EXPERIENCED DIVORCE ATTORNEY. ...
  6. MAKE THE MOST OF YOUR CONSULTATION.
Jan 3, 2019

How do you prove separation in Virginia? ›

The most effective way to prove your separation date is for both spouses to sign a separation agreement, which you can present to the court when you file for divorce later. If you don't have minor children, and you and your spouse sign a separation agreement, the waiting period for a divorce is six months.

What is abandonment in marriage in Virginia? ›

Under Virginia law, a person commits spousal abandonment by leaving the marital home as an act of knowingly ending the marriage. A spouse who leaves the home because both spouses have decided to separate does not commit abandonment.

Is adultery a crime in VA? ›

Adultery defined; penalty. Any person, being married, who voluntarily shall have sexual intercourse with any person not his or her spouse shall be guilty of adultery, punishable as a Class 4 misdemeanor.

What is the punishment for adultery in Virginia? ›

Virginia State Senator Scott Surovell, himself a family lawyer in Fairfax, recently introduced legislation to decriminalize adultery in Virginia. His bill would have made adultery no longer a misdemeanor in Virginia, while leaving it punishable by a $250 fine as a civil penalty.

Is Sexting considered adultery in Virginia? ›

So, it would appear that adultery requires a physical relationship and not merely flirting, texting or sexting. While these behaviors may constitute cheating or infidelity, they do not appear to qualify as adultery in the legal sense of the term.

How much does a family lawyer cost in VA? ›

How much does a family lawyer charge in Virginia? The average hourly rate for a family lawyer in Virginia is $264 per hour.

Who pays for the divorce? ›

The spouse who applies for the divorce is known as the Petitioner and the other person is the Respondent. As they are the person applying for the divorce, the Petitioner will from the outset be responsible for the cost of the divorce. So, on average the Petitioner's costs will be higher than the Respondent's.

Is va a no fault divorce state? ›

No-Fault Divorce in Virginia

Virginia has only one no-fault ground for divorce: separation. Couples who wish to qualify for a no-fault divorce must prove that they've lived separate and apart without cohabitation (sexual relations) for a continuous period of at least one year. (Va. Code § 20-91(A)(9) (2022).)

What is the divorce process in Virginia? ›

To obtain a divorce in Virginia, either you or your spouse must be a resident of Virginia for at least six months prior to filing for divorce. 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 divorce.

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