Divorce Attorney Fairfax Virginia
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DIVORCE ATTORNEYS FAIRFAX VA – CUSTOMIZED LEGAL ASSISTANCE FOR A FAVORABLE OUTCOME
When you are at the edge of your marriage relationship and all hopes of saving it have gone futile, it is time to start preparing for a divorce. The challenges can be overwhelming but the options are unlimited. Early planning can help in making smart moves both legally and financially. The Divorce Attorneys Fairfax VA can help prepare for the dissolution of marriage easily. The Law Offices of SRIS, P.C., will guide you through the process.
Here is what the Divorce Attorneys in Fairfax VA will tell you when you have decided to end your marriage.
Our Practice Areas
Start documenting information related to your marriage and hand it over to your divorce attorneys in Fairfax VA. This could be a valuable asset to your case. The lawyer seeks evidence and keeps everything intact to prove your case. Documents can avoid delays in the legal process. Your divorce attorneys Fairfax VA will let you know the significance of keeping your records straight for quick retrieval. Documents and copies of bank statements, tax returns, mortgage payments, and insurance are crucial during and after dissolution.
Financial matters are often disputed in the dissolution of marriage. Make a list of your assets including expensive properties and belongings. Take photographs and note down the exact condition of the property. Seeking the advice of reputed divorce attorneys Fairfax VA can work in your favor.
Apart from keeping records of your finances, it is important to know the spouse’s income potential, loans, and other debt forms. A debt plan has to be in place while working on dissolution and experienced divorce attorneys can pitch in. Not just the assets but debts are also distributed and could be a contentious issue. If you have doubts about financial issues, contact well-accomplished divorce attorneys in Fairfax VA.
WHEN IS THE RIGHT TIME FOR FILING?
Once the decision to live apart is made, the couples’ divorce attorneys in Fairfax VA start the paperwork. However, the filing process needs a compassionate and strategic plan. Learned divorce attorneys in Fairfax VA will apprise you that filing dissolution too soon can only leave you hard-pressed for time, as tight deadlines have to be met. On the contrary, filing too late can also leave you with severe tax implications leaving you with no time to locate missing assets. So, when is the right time to file?
Here are some factors to consider:
- Do not wait anymore when you experience domestic violence directed towards your children or you. Quickly consult attorneys in Fairfax VA and take necessary action to stop the suffering immediately. Get the help of authorities concerned immediately and carry out a protective order against your abusive spouse. It can save you from accusations of not reporting the abuse of self or your child. If you are not aware of what to do, hire divorce attorneys in Fairfax VA for complete guidance.
- Get emotionally prepared before filing dissolution. It is a life-changing experience and impacts the very roots of your relationship. If you are emotionally unprepared for the change, it is time you consult reliable divorce attorneys in Fairfax VA and seek professional counseling to prepare you well in advance. The divorce attorneys in Fairfax VA can build a strong foundation for your case in advance and alleviate all the apprehensions you may have regarding the case.
- Parents, who have marital discord, have to work on a quick dissolution to protect children from being affected in the process. Therefore, hiring the best divorce attorneys quickly is imperative. Trying to resolve the situation by yourself can only lead to unpleasant situations at home, affecting the mental health of your children. It is better to obtain a smooth exit with the help of able divorce attorneys in Fairfax VA.
- Tax filing can be affected by your dissolution, so consult divorce attorneys Fairfax VA to save money. Your marital status on the last day of the year influences your tax filing. If you are divorced on December 31, your marital status will be single while filing returns. This means you will have to forego your marital tax deduction benefits. If you want to enjoy the benefits, then wait for the new year to file the dissolution papers. Your divorce attorneys in Fairfax VA will tell you how to handle this issue.
- While calculating retirement benefits, the period you were married plays a pivotal role. A couple in matrimony with the same person for 10 years is eligible for divorced spousal benefit as per the present social security rules. To know more about this benefit, seek the advice of well-practiced divorce attorneys Fairfax VA. Similarly, in the case of military spouses, 10 years is the timeline to receive benefits. Spouses reaching the 10-year mark can wait for it to complete before filing dissolution in Fairfax VA to enjoy the benefits. Talk to your divorce attorneys in Fairfax VA to understand retirement benefits.
A marriage dissolution needs the able guidance of divorce attorneys in Fairfax VA to evaluate the legal risks in the case. Moreover, only experienced divorce attorneys can analyze the pros and cons to come up with a befitting strategy for your case. The Law Office Of SRIS, P.C., has helped many couples in tiding through the process smoothly. Contact our divorce attorneys in Fairfax VA to find out more about what is the best possible solution for you.
Marriage dissolution takes roughly a year if you are in Fairfax VA. Before validating a contested divorce, a one-year separation is compulsory depending upon the age of your children. The draft of the Bill of Complaint has to be served to your spouse, and the divorce attorneys in Fairfax VA have 21 days to respond if living in Virginia or 30 days if living in another state. Once the complaint is served, the Pendente Lite hearing is scheduled to hear the child custody, visitation rights. The draft, prepared by the divorce attorneys in Fairfax VA, holds the grounds for dissolution. Once the deposition is ready, the marital settlement deed is prepared by the divorce attorneys in Fairfax VA and presented for approval to the judge. If you need any assistance in preparing the agreement, hire seasoned divorce attorneys Fairfax VA.
STEPS FOR FILING A DISSOLUTION OF MARRIAGE
The complaint about dissolution is filed in the Civil Intake Division of the Circuit Court with the following:
- VS-4 State Statistical Form
- Domestic Case Coversheet
- Civil Fee is payable to the Clerk of the Circuit Court either by cash, money order, or cashier’s check. The civil fee cannot be paid in personal checks
a. To file a marriage dissolution, the filing fee is required
b. Service fee is collected in the following cases:
i. The defendant living in Fairfax can be served the complaint through the Sheriff’s office.
ii. In case the defendant is not living in Fairfax or anywhere in Virginia, arrangements must be made to serve the documents.
iii. Suppose the defendant is willing to accept documents through mail or come to Circuit Civil Court to collect it, the same can be done.
c. The fee to resume maiden name.
The Records page will hold the information on obtaining the certified copy of the Final Divorce Decree either by mail or in person. If you are looking for additional information on the final decree, speak to your divorce attorneys in Fairfax VA at once.
INSTRUCTION ON ORE TENUS HEARING
- A couple seeking dissolution in Fairfax, VA is recommended to consult attorneys to understand the legality of the proceedings. Without the assistance of a legal counsel, the couple will be unaware of their rights to spousal support, child visitation, child custody, equitable distribution of property, and other claims you are eligible in your marriage.
- The Divorce Case Tracking Program will set the trial. Your attorney in Fairfax, VA can seek an Ore Tenus hearing and it can be scheduled any time once the issues related to the dissolution grounds and property division are uncontested. The evidence can be heard in court.
- When the Ore Tenus hearing is filed, the following have to be submitted by the party or their attorneys.
- The proposed final decree in the original.
- Order to continue with maiden name, only where applicable.
- Photocopy of Property settlement deed, only where applicable. The original has to be submitted for the court hearing.
- Addendum with social security numbers of both parties.
- VS-4 form.
- Proof of service or Waiver of notice.
Both the parties must endorse the decree who is entitled to the ore tenus hearing notice and who is not appearing for the hearing. The notice of the proof of service along with the decree will be presented at the hearing except when Waiver of Notice or Acceptance of Services has been filed. Any clarification can be sought from your divorce attorneys in Fairfax VA.
- The file will be sent to the law clerks of the judge for review of the pleadings, comprising of the proposed decree to ensure it complies with the statutory requirements. The divorce attorneys of the moving party in Fairfax VA will be advised by the clerk in writing regarding the pleadings.
- Once the law clerk informs the divorce attorneys of the moving party in Fairfax VA that the pleadings are as per the requirements, then the party has to get in touch with the clerk within 14 days from the date of the notice to schedule a court hearing. In Fairfax, the hearings are held between Monday and Thursday in the morning. The date and time of the hearing have to be served to the other party if prescribed by the law.
- In case the pleadings are not in compliance with the legal procedures, the Rejection of Ore Tenus filing form is sent to the moving party. The form is also called Rejection Notice – CCR H-49. The attorneys of the moving party has 14 days from the rejection date to correct the irregularities and return rectified pleading to the Clerk’s Office. The divorce attorneys in Fairfax VA also has to fill the lower half of the rejection form with a note to be directed to the specific clerk who mailed the form.
- The communications have to be in writing and have to be restricted to only the matters provided in the rejection forms. It may be noted that the law clerks do not receive any telephone calls about the ore tenus either from the parties concerned or their attorneys in Fairfax VA. The law clerks are barred from giving legal advice to the divorce attorneys in Fairfax VA or to their parties, therefore, these requested will not be encouraged.
- Once the revised pleadings are accepted, the law clerk will inform the moving party in writing and the concerned party with their divorce attorneys Fairfax VA can contact the clerk within 14 days from the acceptance letter.
- In case the revised pleadings do not fulfill the statutory requirements, another Rejection mail will be sent to the moving party to settle the remaining deficiencies. The party concerned and their divorce attorneys Fairfax VA has to set right the deficient pleadings.
- During the ore tenus hearing, the corroborating witness and the moving party have to submit the evidence as per the Virginia law. The sample questions can be proclaimed from the Law Library in the Judicial Center or contact senior divorce attorneys in Fairfax VA.
If the judge finds all the requirements satisfactory, the Final Divorce Decree and Name Change Order to continue with the maiden name are delivered at the hearing.
If you are moving Ore Tenus hearing, then contact a proficient divorce attorney in Fairfax VA. The Law Offices of SRIS, P.C. is backed with years of experience in handling divorce in Fairfax. Our ethical and talented divorce attorneys Fairfax VA can guide you in the process. Our divorce attorneys Fairfax VA prepare all the legal requirements to ensure zero rejection from the clerk’s office. We are glad to acknowledge that our divorce attorneys in Fairfax VA are focused on family law.
DIVORCE INVOLVES SEVERAL PROCESSES
The attorneys in Fairfax VA negotiates a settlement giving ample time for the clients to finalize on the legal matters. The process is emotional and expensive and hiring divorce attorneys in Fairfax VA is the right thing to do. If the settlement is out of court, it saves a lot of hassles and money. The assistance of divorce attorneys Fairfax VA can be crucial when it comes to child custody or defending protective orders. The Law Offices of SRIS, P.C. are involved in a wide range of cases including asset divisions.
Some of the complex financial matters that need Fairfax VA divorce attorneys’ guidance are:
- Tracing assets
- Tracing hidden assets
- Privately held business
- Retirement account division
- Separating inheritance assets
- Separating hybrid assets like part marital and part separate
Property division can be contentious when there is no agreement between the couple despite the best efforts of their divorce attorneys in Fairfax VA. If the duo is unable to conclude, the court decides the matter. The state of Virginia follows equitable distribution when it comes to dividing assets between the spouses. The divorce attorneys in Fairfax VA explain the meaning of equitable proportion bringing the couple to a fair agreement.
Alimony or spousal support will be sent to court if there is no agreement between the spouses. The attorneys in Fairfax VA try to work out an amicable solution to avoid court battles. But if the negotiations do not work, it is time to fight it out in the court. Your Fairfax VA divorce attorneys will assist you in getting an honest share. The division of debts and property are taken into account. Who is to pay for the debts are also decided. The court considers the factors of contribution in a home, period of marriage, and fault while dividing a property. Collect more information on alimony from skilled divorce attorneys in Fairfax VA.
The marital property is valued at the market rates on the date of hearing, however, there may be some exceptions. Sometimes, the spouse’s divorce attorneys may request for divorce trial in Fairfax VA using contrasting valuation dates on specific situations. The retirement asset division is complicated and requires a valuation date instead of the trial date. Even marital debts may need a valuation date instead of a hearing date as the date of final separation can be the valuation date.
Though not mandatory, in most of the above situations, the assistance of knowledgeable divorce attorneys Fairfax VA is required. The process may be complex and the couple may reach a dead-end at times. Legal advice from proficient divorce attorneys in Fairfax VA could save a lot of time and hassle. Retaining divorce attorneys could give the true picture of your case. The attorneys in Virginia provides honest information you could use to save your children or assets. Do not let your spouse take advantage of your situation; contact the Law Office of SRIS, P.C. today, and get advice from a team of experienced attorneys in Virginia.