DIVORCE GROUNDS AND DEFENSES – MADE SIMPLE AND EASY!!
The fundamentals of a firm marriage are faithfulness, conviction, dedication, respect, and honor. Sexual relations outside marriage will lead to a breach of conjugal vows and will eventually lead to the end of the marital association. When you sense things going wrong in the marriage, it is your responsibility to figure out why it happened as both the partners are liable if one of the spouses has committed a faithless act. An experienced divorce attorney in Manassas will advise you to confirm that the marriage cannot be returned to normalcy. Only if the Manassas divorce attorney, out of his professional experience, is convinced that the marriage cannot be saved, you will be advised to move on. That is the way professionals work.
Marital disloyalty ruins trust, closeness, and confidence. It has a devastating effect on the families, destroys careers, and leaves a gloom of harm and destruction in its course. During such times, swift action is required. Although your lives are coming apart, you need to be prudent when dealing with divorce. Your Manassas divorce attorney will affirm that the process is hard, mystifying, and devastating and you cannot proceed without expert guidance.
In this article, the Manassas Divorce Attorney at The Law Offices of SRIS, P.C. will discuss the insights in the divorce process. You will be enlightened with the obligatory guidelines to be followed for your divorce in Manassas.
Our Manassas Divorce Attorney at The Law Offices of SRIS, P.C who are familiar with the divorce laws will help you make the right decisions. Our Divorce Attorneys will prioritize your divorce in Manassas and will make sure you obtain a favorable order.
UNDERSTANDING THE COURSE OF ACTION IN A MANASSAS DIVORCE
Be informed that Virginia law allows both fault-based and no-fault grounds for your Manassas divorce. Fault-based divorce is applicable when parties in Manassas are unable to mutually settle their marital problems and insist on pursuing allegations against the other. The no-fault ground is applied when a marital relationship is terminated courteously in the Manassas courts.
Series of Actions to be followed
- Financial Checklist: The Manassas Attorney will explain why tracking the divorce expenses, other household expenses, joint account savings, mortgage payments are important.
- Gather all favorable Information: Tax returns for the last three years, retirement accounts, and other credit report statements.
- Proof of Residence: Recent state tax filings, Virginia driver’s license, etc., which affirms that you are a resident of Virginia for at least 6 months.
- A skilled attorney will guide you in setting a clear picture for your claims of spousal support, child support, custody, and visitation rights.
BASIS FOR DIVORCE
- Fault-based divorce
- No- Fault-based divorce
At The Law Offices of SRIS, P.C., our Manassas Divorce Attorney make an in-depth analysis of your case to explore your best options. The pros and cons of settlement as well as contesting the matter in courts are transparently discussed. If the facts of your case do not qualify for sensible negotiation, our Manassas Divorce Attorney will advise you to proceed with a contested Fault-based divorce.
Your Manassas Attorney will inform you that the benefit of fault-based ground for divorce is that there is no statutory mandatory waiting period for filing. However, the challenge lies in producing sufficient proof of wrongdoing. It is often an onerous burden on the filing party. The basis for fault-based divorce in Manassas is adultery, cruelty, and desertion.
Adultery is termed as a voluntary sexual relationship between a married individual and another. Your Manassas Attorney will apprise you that to meet the criteria as a divorce ground, your spouse’s affair must have become physical. Your divorce attorney in Manassas takes up the arduous task of convincing a judge that a sexual affair has indeed occurred. Adultery can be tough to prove, and the mere suspicion that your spouse committed adultery isn’t going to survive. The Manassas Attorney will update that adultery can be cited if only you file for divorce within five years of becoming conscious of the adultery. Be warned by your Manassas Attorney that if you wait longer than five years, the court assumes you condoned the adulterous act. Adultery can be proved in Virginia courts through direct and indirect evidence. Hiring an experienced Manassas divorce attorney will help gather sufficient proof against the wrongdoer. Divorce Attorneys at The Law Offices of SRIS, P.C. are familiar with the right procedures to be followed for divorce in Manassas.
EVIDENCE IN ADULTERY CASES
- Witnesses – Once you ascertain the witnesses, the Manassas Divorce Attorney will systematically prepare the witnesses. Statements from such witnesses who have observed the spouse and the illicit partner sharing intimate moments are recorded.
- Phone Records – Your Divorce Attorney in Manassas will advise you to gather any photographs from your spouse’s phone or camera showing intimate pictures with the illicit partner. Text messages on your spouse’s phone signifying secret meetings and outings are also vital proof.
- Private investigator – Your Attorney will suggest that you immediately hire a private investigator to gather proof about your partner’s conduct. Photographs captured by a private investigator you have hired, of your spouse and the illicit partner spending time together is direct evidence.
- Account records – Any emails from your spouse’s inbox or sent items indicating the extra-marital affair plays a substantial role in adultery based divorce cases in Manassas. A letter or other handwritten notes indicating the illicit affair between your spouse and the illicit partner may also be considered in a divorce in Manassas. Any other relevant evidence such as social media posts expressly mentioning an affair or any video may also be considered as direct evidence of adultery.
Indirect or circumstantial evidence
- Know from your Manassas Attorney that hotel or travel records, like booking confirmations and acknowledgment card receipts, are circumstantial evidence.
- Your Attorney will advise you about the significance of evidence to prove that there is a lack of intimacy, communication, and compatibility within each other.
- The attorney you consult for your case in Manassas will clarify about evidence that your partner had the chance to commit adultery, such as being alone with the other person, and your spouse had the inclination to commit adultery, meaning given the situation, sexual intercourse was likely to take place.
Your Manassas Divorce Attorney will update about the technicalities involved in the court process. You will be surprised to know that the burden of proving adultery in a Manassas divorce is on the person who makes the allegation.
Cruelty is the repetitive abuse or inhumane treatment that constitutes cruelty or domestic violence. For a Manassas Divorce, though cruelty is classically proven by evidence of successive acts, a solitary act of cruelty is sufficient if it is a very grave act. The Manassas Attorney will clarify that cruelty can be physical or mental cruelty and usually involves violence or dread of violence. Know about emergency protective orders from your Manassas Attorney. When the suffering spouse is unable to stand the torture of the other spouse, the cops are called and an emergency protective order is obtained. Your Attorney will explain that mental cruelty means causing poignant pain and suffering to the other party. Incidents of mental cruelty include silent torment inflicted on the other. Any experienced attorney in Manassas will apprise you that cruelty and neglect go hand in hand with divorce law. If a spouse has neglected the family with no financial support for a long period, it is a grave act of cruelty.
Your Manassas Attorney will emphasize that proceeding on cruelty grounds will require copies of police reports, medical records, text messages, and emails that evidence the kind of abuse you endured and photos of physical injuries or property damage caused by your spouse prove substantial. Your Divorce Attorney in Manassas will apprise you that an absolute divorce cannot be granted on the ground of cruelty until one year has expired since the acts of cruelty.
When one spouse makes it impossible for the other to live in a combined marital household in Manassas, the divorce attorney will explain this situation as constructive desertion. The constructively deserting spouse can be seen to have been impelled by the other spouse to withdraw from the household.
To acquire a no-fault divorce in Manassas, the spouse who files only wishes to state that there has been an irreparable breakdown of the marriage, conflicting differences, or incompatibility. In Virginia, living away from each other for a specified period can be the cause of no-fault divorce. Your Manassas Divorce Attorney will explain that there is no necessity to present proof that the marriage cannot be repaired. There is no statement necessary about what went incorrect in the marriage or what one spouse did to the other.
The No-Fault Divorce necessitates that the spouses are in separation ahead of the court proceedings. The Manassas Attorney will explain about the separation period as:
- Separation for at least twelve months or
- Separation for at least six months, with a separation agreement and no minor children.
Potential defenses to a divorce in Manassas, Virginia are procedural or based on the conduct of the parties.
PROCEDURAL BASED DEFENSES
- No Jurisdiction – Haven’t filed in the right place – Your attorney will inform you that if the residency and domiciliary requirements are not met, the court does not have jurisdiction to grant a divorce. To be a resident means that you or your spouse must have been residents of Virginia for at least six months before the date of filing for a Virginia court to have jurisdiction over your case. To be a domiciliary of Virginia, the individual must intend to live in Virginia indefinitely as evidenced by a permanent place of residence
- No Valid Marriage – The marriage wasn’t valid, to begin with, if you and your spouse were never legally married.
- Statute of Limitations – Your attorney will explain that this ground applies when too much time has gone by. Any objection for divorce on the ground of infidelity must be filed within five years of the faithless act.
- Res Judicata – The issue has already gone to court and bars individuals from seeking a second or subsequent civil action against the other party for the same issue.
CONDUCT BASED DEFENSES
- Recrimination – Know from your attorney that defense based on recrimination indicates that both the parties were at fault.
- Condonation – An experienced attorney will warn you about condonation and will explain that if your spouse forgave you and resumed cohabitation as a married couple, this defense applies.
- Connivance – Your attorney will notify you about the defense based on connivance. Your spouse approved your actions and at some point “consented” to the disloyal action of the other spouse.
- Justification – Defendant was justified in leaving their spouse due to the egregious behavior of the other.
In Child Custody issues in a Manassas Divorce, your attorney will tell you that the first preference among judges is to arrange joint physical custody, to assure that children have habitual contact with both parents.
Your Attorney will explain that physical custody is where the children live regularly with both parents and custody is shared by both parents or contracted to just one. Be informed by your attorney that the parent with sole physical custody is the custodial parent and the other is the noncustodial parent who has visitation rights. Visitation decisions in Manassas child custody cases are focused on the child’s best interest, and not on the parent’s emotional desires. Parents are open to working out a visitation schedule that best suits the schedule of each parent and presents the agreement to the court for consent. Your Manassas Attorney will caution about the disagreement between parents, if the parents are not able to agree, then the court will take notice of evidence offered by both parents as to why his or her proposed schedule is in the best interest of the child.
An attorney practicing family law in Manassas, Virginia will notify you that the most intricate part of a divorce is that your children continue to go ahead with, safe and sound, and healthy lives despite the hard change in their parents’ affiliation. The Manassas attorney will acquaint you that even if both parents equally agree to decisions based on the best interests of their children, but implementing child custody arrangements causes misunderstanding between the parties. These disputes are best solved with the guidance of our experienced attorneys at The Law Offices of SRIS, P.C., Manassas, Virginia.
A proficient Manassas Attorney will apprise you that determining child support is dependent upon several factors such as:
- Gross income of the parent
- Work-related child care expenses
- Child health care expenses
- Other children
Child support in Virginia, involve multifaceted guidelines which are handled meticulously by our experienced attorneys from The Law Offices of SRIS, P.C., Manassas, Virginia.
In a divorce case in Manassas, the judge can partition the property and debts of the parties. This course of action is called equitable distribution, and it involves several factors. Equitable distribution does not necessarily mean an equal but fair division of assets. The most important issue is determining whether the property is separate, marital property, or a hybrid of the two.
- Be informed by your Manassas Attorney that separate property is all property acquired by either party before the marriage.
- The skilled attorneys in Manassas will acquaint you that marital property is all property titled in the names of both parties.
- Know from an accomplished Manassas Attorney that hybrid property is the property that has both characteristics of marital and separate property
Equitable distribution is the classification, valuation, and division of any marital property, assets, and debts. Your Manassas Attorney will familiarize you as to what the judge deliberates while deciding equitable distribution:
- The time-span of the marriage.
- Each spouse’s financial and non-financial contributions to the marriage.
- Each spouse’s earnings or earning capacity.
- Significance of assets such as a spouse’s business or retirement plan.
A divorce attorney in Manassas will explain to you, this indicates that a parent who spent time at home can still be thriving in securing marital assets, even if he or she did not put in financially to acquiring those assets. Retirement or investment accounts, even if they are only in the name of one spouse, can also be shared by other spouses. Be forewarned by your Manassas Divorce Attorney that equitable distribution does not always stand for physical distribution. In some cases, the judge will award one party a part of the value of the property and work that percentage into a fair division of assets over a strictly equal division.
Although you are inclined to end your marriage as swiftly as feasible, you mustn’t risk your financial security in the process. Protect that prospect by contacting our experienced Manassas divorce attorney from The Law Offices of SRIS, P.C.
Working with a knowledgeable Manassas Divorce Attorney can help you to recuperate the amount of spousal support that you are permitted to, or to defend you from being ordered to forfeit a spousal maintenance award that you consider is unjust or irrational. Your Manassas Divorce attorney will conduct a systematic evaluation of your assets, as well as your spouse’s assets to establish whether a spousal support award is suitable, and if so, how a good deal it should be and how extended it should last.
Your Manassas attorney will inform you that military divorces have the same effect as civilian divorces but there are scores of rules and circumstances you have to abide by. Virginia waives some of the residency requirements for military divorces. Spousal support, child support, and visitation all become more complex when a military spouse is involved. Fault/No-Fault Divorces can also be difficult to settle for military personnel who have to work around deployment schedules. Due to several factors involved, it is best to consult with an experienced family law attorney in Manassas to explore further options.
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