Common Family Law Questions And Answers
If you are going through a divorce or other family law issue, this is likely new territory for you. As such, you probably have numerous questions. After reading through the questions and answers on this page, feel free to contact us with any additional inquiries you have.
How much does it cost to hire a divorce lawyer in Virginia?
Costs vary depending on the firm you hire and the complexity of your case. Most law firms charge a retainer against hourly fees. If you and your spouse are able to negotiate a settlement amicably and efficiently, you could ultimately reduce the overall costs of attorney fees.
If you are the lower-earning spouse and worry about paying for your own costs in the divorce, you may be able to obtain a court order seeking legal expenses from your spouse.
How can I get a quick divorce in Virginia?
You can get divorced more quickly than normal if your divorce is uncontested (you and your spouse agree on all terms of the divorce before filing). However, to obtain a no-fault divorce, you still need to be separated for one year before proceedings can begin. If you have no minor children and you both sign a separation agreement, you can shorten that period to six months.
Is Virginia a no-fault state for divorce?
Virginia offers both no-fault and fault-based divorces. If you file for divorce alleging fault, there is no mandatory waiting period (like the one mentioned above). However, alleging fault also requires proving fault, and that could take longer and be more expensive than simply waiting to be eligible for a no-fault divorce. Also, because divorces are a matter of public record, alleging fault could expose your family to unwanted embarrassment.
Is Virginia a 50/50 divorce state?
In many cases, the divorce settlement is equal or something close to it. However, Virginia is not a “community property” state that all but guarantees a perfectly equal split. Instead, we abide by the “equitable distribution” principle, meaning that assets must be divided equitably between spouses. This doesn’t always mean equally.
Is military divorce a different procedure than regular divorce?
No, they are the same, legally speaking. You often hear the term “military divorce” as shorthand for the unique challenges military couples face in the divorce process, including matters of child custody during deployment, division of military benefits/pensions and residency requirements for filing (for military families who are relocated to different bases). These can be tricky challenges to contend with, which is why it is a good idea to hire an attorney who is experienced in representing servicemembers and military spouses in divorce.
I own a business. How do I protect it in the divorce?
If you are a business owner, it is worth seeking out a firm that advertises high-asset divorce services. Even if you don’t consider yourself wealthy, a business is a complex asset that needs to be treated strategically in the divorce process.
How long does the divorce process typically take in Virginia?
The duration of divorce proceedings in Virginia depends on whether your case is contested or uncontested and the complexity of issues involved. For no-fault divorces, you must first meet Virginia’s separation requirements: one year of continuous separation or six months if you have no minor children and both parties sign a separation agreement.
Once eligible to file, an uncontested divorce can be finalized within two to four months. However, contested divorces involving disputes over property division, child custody, or spousal support can take 12-18 months or more depending on court schedules and case complexity.
What are the legal implications of a separation versus a divorce?
Legal separation and divorce have distinctly different implications for your legal status. During separation, you remain legally married, which means you cannot remarry and may still be responsible for certain spousal debts. However, separation allows couples to live apart while meeting Virginia’s waiting period requirements.
Divorce legally terminates the marriage, allowing both parties to remarry and generally ending mutual financial responsibilities. Divorce also provides court-ordered resolution of property division and child custody and support issues. Some couples choose legal separation to maintain benefits like health insurance coverage that might be lost through divorce.
How is child custody determined in a divorce case?
Virginia courts determine child custody based solely on the best interests of the child standard. Judges consider numerous factors, including each parent’s relationship with the child, the child’s physical and emotional needs, each parent’s ability to provide stability, and the child’s adjustment to home, school and community environments.
The court also evaluates each parent’s willingness to support the child’s relationship with the other parent, any history of family abuse and the child’s reasonable preference if they are of sufficient age and maturity. Virginia recognizes both legal custody (decision-making authority) and physical custody (where the child lives).
How is spousal support (alimony) calculated?
Virginia courts consider multiple factors when determining spousal support, including the length of the marriage, each spouse’s income and earning capacity, the standard of living established during marriage, and each party’s financial needs. The court also evaluates the age and physical and mental health of both spouses, contributions to the marriage and each spouse’s education and training.
Unlike child support, Virginia has no strict formula for calculating spousal support. Instead, judges have discretion to award temporary, permanent or no spousal support based on specific circumstances. The duration and amount typically correlate with marriage length and the recipient spouse’s ability to become self-supporting.
Contact Us For Answers To Your Own Questions
The attorneys at Kelly Byrnes Danker & Luu, PLLC, would be happy to answer your case-specific questions during an initial consultation. With offices in Leesburg and Fairfax, Virginia, we serve clients throughout the area. To get started, call us at 703-239-4921 or send us an email.