THE SALIENT FEATURES OF THE MARRIAGE TERMINATION PROCESS IN FAIRFAX - AN OVERVIEW
THE POPULAR MISTAKE OF SELF REPRESENTATION IN DIVORCE CASES!!
Only a proficient lawyer can tell you that VA law recognizes both uncontested divorces and contested divorce for the termination of the marriage. A contested divorce in VA is applied when parties are not able to mutually settle their marital problems and allegations are needed to be proved in. Uncontested divorce in VA is applicable when a marital association is intended to be terminated courteously. You may not know any of the above-mentioned technicalities involved when proceeding by yourself. Approaching legal experts can help you avoid the potential pitfalls of self-representation.
Clients tend to check the internet for divorce solutions and assume that the process is simple. Equipped with all the misleading information found online, they make the mistake of not taking the required professional opinion. Divorce is not a decision that is made overnight. We understand that it has taken several months for you to decide about ending the relationship. Therefore you need to remind yourself about the state of mind you are currently in. When you are already depressed with the failure in your personal life, the idea of proceeding with the divorce in Virginia by yourself can be a terrible mistake. Expert guidance from a VA Divorce attorney will ensure that you arrive at a solution that meets your needs and is in your wellbeing. Our reputed Fairfax, VA attorneys at The Law Offices of SRIS, P.C. will help you make satisfactory decisions. On contacting our divorce attorneys in VA, you will face your case with renewed confidence. The VA attorneys you consult will notify that the suitable forum to file your case is the Circuit Court of Fairfax if you are a resident of Fairfax, VA.
Our Fairfax divorce attorneys in VA at The Law Offices of SRIS, P.C. are familiar with the local procedures in Fairfax and can provide you with proper guidance as to whether to proceed with a contested or uncontested divorce.
DECIDING FACTORS IN THE SELECTION OF VA ATTORNEY IN FAIRFAX
- A local Fairfax attorney in VA who is well aware of the local jurisdictions is a convenient choice. Practices and dealings of courts differ within the state of VA. A Fairfax divorce attorney would have efficiently handled quite a lot of cases in Fairfax court so they are familiar with the nuances of diverse aspects of divorce proceedings that work in Fairfax, VA.
- Experience of a Fairfax attorney in the Kinds of cases you entail is a key aspect in the selection of an attorney. Attorneys with specialization in Family law cases and Divorce in VA would be an appropriate choice as they have extensive knowledge in the concerned area to battle the case.
- The Fairfax Divorce attorney’s availability, accessibility is an indispensable part of selecting an attorney.
- The approach of an attorney in combating a critical situation is decisive in the selection of a Fairfax attorney in VA.
- The extent to which the Fairfax Divorce attorney will promptly notify the client about each step in the case and update the client before proceeding with any agreement or decision is a significant consideration in the selection of an attorney.
- The fee to be paid to the Fairfax Divorce attorney is important in the selection of an Attorney.
THE BASIS FOR FAIRFAX, VA DIVORCE
The divorce attorneys you consult in VA will generally make every effort to settle your case without a court conflict. But if the prudent negotiations do not reach a clear-cut agreement, the divorce attorneys in VA at The Law Offices of SRIS, P.C. will advise you to proceed with contesting the allegations in court.
If the clients in Fairfax state that they do not want to remain in the marital bond and there is no valid ground of dispute between the parties, the Fairfax attorney will assist with an uncontested divorce. If the other party does not agree with the negotiations a Fairfax attorney will advise you with the next sensible thing to do. Proceeding with a contested divorce is the only other option in VA. When parties are unable to mutually settle their marital problems in Fairfax, contested divorce should be filed and allegations need to be proved in Fairfax court.
Uncontested VA divorce is a go-ahead for parties who do not desire to re-visit the pain and the agony of the past. Uncontested divorce in Fairfax provides the parties with a chance to terminate the marital association courteously. A VA Fairfax attorney with the required experience will acquaint you that if an individual intends to let go of the events that have occurred in the past, then an uncontested divorce is the appropriate resolution in Fairfax, VA.
DIVORCE CHECKLISTS IN VA
Our VA attorneys at The Law Offices of SRIS, P.C who is proficient with Fairfax laws will assist in creating a to-do list to be followed. The list may include a financial checklist, residential requirements, and expectations regarding support payments. The financial checklist will include expenses incurred during the marriage for the spouse, the property acquired, income earned, tax papers, bank statements, etc.
Our Fairfax, VA, attorneys at The Law Offices of SRIS, P.C who are familiar with the divorce laws will apprise you of all the procedures of filing a divorce case in VA.
VA DIVORCE GROUNDS IN FAIRFAX VIRGINIA
Divorce cases in Fairfax, VA involve grounds such as adultery, cruelty, desertion, and felony conviction of the other party. A Fairfax divorce attorney in VA will provide you with sensible advice as to what grounds are suitable for your case.
Know from a Fairfax divorce attorney experienced in VA divorce cases about divorce grounds as follows:
- Adultery is termed as an intentional sexual relationship between two individuals who are not married to each other. To meet the criteria as a divorce ground in VA, the spouse’s affair must have become physical. Adultery can be tough to prove, and mere suspicion that your spouse committed adultery isn’t going to survive. Adultery can be proved in VA courts through direct and indirect evidence. For evidence that is admissible in VA courts hire our experienced attorneys at The Law Offices of SRIS, P.C. Asserting a VA divorce defense requires an evidentiary proof, which may include witnesses, phone records, medical records, account records, and/or physical evidence.
- A felony conviction in VA is a basis if a spouse has been convicted for a felony in Fairfax and has been sentenced to more than one-year imprisonment. A complaint based on a felony conviction can be filed in Fairfax only if the filing party is not residing with the other after such conviction.
- Cruelty is the repetitive abuse or inhumane treatment proven by evidence of a succession of acts, a solitary act of cruelty is enough if it is a very grave act. Cruelty in Fairfax is physical or mental cruelty and usually involves violence or dread of violence. When the suffering spouse is unable to stand the torture of the other spouse, the Fairfax cops are called and an emergency protective order is obtained in VA. Mental cruelty means causing distressing pain and agony to the other. To proceed with Cruelty grounds in Fairfax court you need copies of police reports, medical records, text messages, and emails that evidence any kind of abuse and photos of physical injuries or property damage caused by your spouse. An absolute divorce cannot be granted on the ground of cruelty until one year has elapsed since the act of cruelty in Fairfax.
- Desertion is intentionally leaving the marriage against the wishes of the other spouse in VA. Moving away from the marital residence whether temporarily or permanently does not constitute desertion in Fairfax. However, where the other spouse intended to end the marriage, becomes difficult to contact and provides no support, abandonment is assumed to have occurred. In constructive desertion, one spouse makes it impossible for the other to reside in the marital household. In constructive desertion, though the deserting spouse has committed the act of separation, the intention to separate is absent. The Fairfax attorneys at The Law Offices of SRIS, P.C are familiar with the divorce laws applicable to desertion and will guide you with proper inputs for the most favorable outcome.
- Separation means you are married but are not residing under the same roof which does not account for a legal separation in VA. Financial issues, parenting, and property arrangements are to be discussed before proceeding with separation based dissolution of marriage. Such discussion can be done through experienced VA attorneys or the parties themselves. If the parties are unable to arrive at a mutual decision, the Fairfax Court will fix these issues.
SEPARATION AND PROPERTY SETTLEMENT AGREEMENTS IN FAIRFAX, VIRGINIA
Support and custody decisions are priorities to be decided by a property settlement agreement in VA. Where parties are unable to mutually solve these issues at the time of filing for divorce, pendente lite motions can be filed. Pendente Lite filings are made for temporary relief during the pendency of the divorce.
Our VA divorce attorneys at The Law Offices of SRIS, P.C are renowned in drafting property settlement agreements that will take care of all crucial issues likely to be faced by the couple in the future. To solve issues concerning property, custody, and support, contact our proficient divorce attorneys for guidance.
PROPERTY ISSUES IN A FAIRFAX, VA DIVORCE
Equitable distribution laws in VA provide that the issues the court should consider in deciding about property division in Fairfax divorce. Equitable distribution refers to a reasonable division of assets in VA. The most important issue in VA divorce is to determine whether the property is separate, marital property, or a hybrid of the two.
- Separate property is all property acquired by either party before the marriage.
- Marital property is all property titled in the names of both parties.
- Hybrid property is the property that has both characteristics of marital and separate property
Our Fairfax divorce attorneys at The Law Offices of SRIS, P.C are familiar with equitable distribution laws and can provide you an outline about what factors the courts consider before dividing the property in a divorce.
CHILDREN AND DIVORCE IN FAIRFAX, VA
Factors to be considered for deciding about children during separation and divorce
- The children who recuperate easily from their parents’ divorce are the ones whose parents cooperate. Parental conflict is the most destructive aspect of divorce for children.
- Children need transparent information about what is taking place in their family, preferably from the mother and from the father. Children suffer from the differences between their mother’s and father’s households in regulations, measures, and restraint, as long as the expectations are clear.
- The welfare of children mandates a cordial relationship with both parents.
In deciding parenting arrangements you should consider the following:
- The children’s needs in terms of their ages, unique issues with their health conditions
- The exclusive contributions of each parent to the children
Ways to assure the children’s involvement in celebrations on both sides of the family;
- The schedule of school, work, friends, after-school activities, child care should be considered before planning events
- The need for personal time for each parent, free of child care responsibilities should be considered
Potential parenting measures in VA include;
- Sole custody in VA: One parent has primary physical and decision-making accountability for the children and the other parent takes the children for visits at the agreed-upon or Fairfax court-ordered period.
- Joint legal custody in VA: Both parents share uniformly in decision making.
- Physical custody in VA: Resembles sole custody or involve more considerable time with both parents.
- Joint Physical Custody in VA: When both parents have considerable time with the children such as alternative weeks, dividing weeks, etc.
- Split custody in VA: Where each parent has custody of at least one child.
Custodial arrangements in VA should be developed based upon the individual needs of a child and the situation of the parents. The focus should be on the child’s needs and not the needs of a parent.
Helping your children with the divorce in Fairfax VA;
- Never criticize the other parent to the children or in the presence of the children, no matter how much you want to. It affects their confidence, and in the long run, may destroy your relationship with the children. Preventing the children from being affectionate to the other parent has a similar effect.
- Do not use children to transmit messages to and from the other parent.
- Children are children comfort with them when passing through complex situations.
Our Fairfax attorneys at The Law Offices of SRIS, P.C in VA understand the emotions that are crippling you from remaining your normal self and will provide you professional assistance to cope up with your struggles.
KEY POINTS FOR CHILD SUPPORT IN FAIRFAX, VIRGINIA
Child support in Fairfax is owed until a child reaches age eighteen. However, if a child is a senior in high school, and is not self-supporting, child support can be provided until the child graduates from high school or turns nineteen-whichever come first. Only in certain conditions in Fairfax, VA, child support is ordered after a child has reached nineteen years. Spouses may enter into an agreement providing child support past these age limits. Besides, spouses may be ordered by the Fairfax Court to pay support past these age limits for a child with disabilities who is not self-supporting.
A VA Fairfax attorney will apprise you that there is nothing to indicate that a divorce should prevent the children from living contented, secure, and healthy lives. They are entitled to enjoy their childhood despite the intricate change in their parents’ relationship. The Fairfax attorney in VA will advise the parents to make mutual decisions based on the best interests of their children.
SPOUSAL SUPPORT IN FAIRFAX, VIRGINIA
Spousal support issues are part of VA divorces where the parties in Fairfax have been married for a considerable time-span and there is a significant gap in their incomes. Spousal support in Fairfax can be awarded for a specific period, or persist indefinitely (i.e., until the death of either party or the remarriage or cohabitation in a marriage-like relationship of the person receiving support) A spouse can lose the right to be awarded support if he/she is guilty of adultery in Fairfax. The amount and duration of spousal support depend on the spouse’s means, needs, and other factors.
In these cases, the determination of a suitable amount and duration of spousal support can become very complex. Our VA divorce lawyers are thoroughly aware of the factors considered by Fairfax courts in finalizing spousal support and with the tax consequences connected with support payments. For further information on spousal support, spousal support guidelines, and the VA tax consequences of spousal support get in touch with our Fairfax attorney in VA.
Even though it can be enticing to plan accurately and succeed with divorce, the struggle to travel on this rough path is not easy without the support of friends and family in Fairfax. It is an undeniable truth that clients in Fairfax pursuing divorce require proper counseling to handle the emotional consequences of divorce. Our VA attorneys at The Law Offices of SRIS, P.C will provide you with the excellent advise on how to handle your divorce case.