By Your Side Throughout Your Divorce

Few adults see divorce as a quick and painless solution for marital troubles. Rather than decreasing tension, the divorce process often increases it. From negotiating terms of property settlements to agreeing to custody arrangements, estranged spouses have a variety of difficult tasks that they must complete in a short time period.

Whether a divorce is imminent or still something that you are just considering, there seem to be more questions about it than answers. At Kelly Byrnes Danker & Luu, PLLC, our team of skilled divorce attorneys will work with you to help you address your needs and resolve your family law matter efficiently and compassionately.

Although our lawyers have assisted thousands of families throughout northern Virginia, they recognize that each client’s case is unique and sensitive in nature. They will be the attentive legal allies you need by your side during this trying time.

Advocating For Your Interests At Every Stage Of The Divorce Process

Our attorneys take pride in their commitment to educate and counsel our clients. They recognize the impact that their counsel will have on your life after your divorce resolution has been finalized. For this reason, our lawyers will provide clear explanations during each step in the divorce process and detail how your decisions will affect your case.

We concentrate exclusively on family law. Our team handles all matters relating to divorce, including:

• Filing for divorce, including uncontested, contested, high-asset and military divorce
• Negotiating terms of property and asset division
• Negotiating terms of custody and support agreements
• Filing petitions and representing clients in post-judgment actions for modifications and enforcement

Our attorneys have decades of collective experience litigating, mediating and negotiating family disputes. They offer a variety of legal approaches and strategies because they understand that each client’s needs are unique. You can benefit from this expansive range of services.

Commonly Asked Divorce Questions

Below are some common and recurring divorce and family law related questions that often arise. The information is intended to be helpful, but if you find yourself in need of legal advice regarding a divorce or other family law related matter, please reach out to our office to schedule a consultation with one of our attorneys.

How do you file for divorce in Virginia?

Complaints for divorce in Virginia will either be based on a no-fault ground or on one of the available fault-based grounds for divorce. Whether pursuing a no-fault ground or a fault-based ground for divorce, the case may be straightforward or complex depending on the circumstances of your individual situation.

An uncontested divorce is the easiest way to obtain a divorce in Virginia. One spouse will need to file a Complaint for Divorce form that contains a marital settlement agreement outlining property division, support resolution and child custody arrangements if you have minor children. The process has become very streamlined over the years, and usually there is no need for an actual court hearing. However, if a party prefers to have a hearing before a judge, that option is also currently available.

For a contested divorce, you can either file for a no-fault divorce or a fault-based divorce. In a no-fault divorce, you must live separately from your spouse without cohabitating for more than a year or, when you have no minor children and have a separation agreement, for at least six months without interruption. In either situation, reconciliation must not be possible. In a fault-based divorce, you can obtain a divorce if you can show one of the following:

• Your spouse committed adultery, sodomy or buggery.
• Your spouse was convicted of a felony and was jailed for more than a year.
• You are in a situation involving cruelty or fear of bodily harm.
• Your spouse has deserted or abandoned you.

If any of these things happened to you, then you can pursue a fault-based divorce from your spouse.

When do you need a lawyer when getting divorced in Virginia?

Even if you feel that you and your spouse can come to a peaceful agreement, you should reach out to an attorney to make sure it is done properly and without any unintended prejudicial consequences. There can be complex property division or child custody arrangements that will require the help of a lawyer to navigate. An attorney can help you negotiate and resolve these issues so that you can move on with confidence.

Certainly, if you have been served with papers, you need to consult with a lawyer. Contested divorces can be complex and require substantial evidence, in many cases, to prove what led to the deterioration of the marriage.

How is property divided in a Virginia divorce?

Virginia is an equitable distribution state when it comes to marital property. That means that the court is not required to separate your marital assets exactly in half for you and your spouse. Instead, the court will look at what is the most fair and equitable distribution of property between you and your spouse based on many factors, such as what you both contributed financially and non-financially to the marriage. It is important to have your property professionally valued if you have complex or high-value assets, as that will likely be a source of significant contention between you and your spouse.

Property that you owned before or apart from the marriage, what is referred to as separate property, is generally not subject to being distributed by the court. This remains the property of the one who owned it prior to the marriage or acquired it during the marriage from a source outside of the marriage. However, depending on how separate property is handled during the marriage, it is possible that some or all of it may be transmuted to marital property.

How do child custody and parenting time work in Virginia?

In the vast majority of cases of divorce, child custody and parenting time will be shared jointly between both parents. Virginia’s policy is to focus on the best interests of the children. There is no preference or presumption favoring one parent over the other in determining custody. Joint legal custody has both parents involved in the decision-making process, whereas sole legal custody vests the decision-making process with just one parent. The same approach holds true for creating a custodial schedule – there exists no presumptive schedule under the law; rather, the focus is on the best interests of the child.

What is the division of property process in a divorce?

The property division process in Virginia begins with identifying and classifying all assets and debts as either marital or separate property. Marital property includes assets acquired during the marriage, while separate property consists of assets owned before marriage or received through inheritance or gifts.

Once property is classified, the court conducts valuation of all marital assets, which may require professional appraisals for real estate, businesses and retirement accounts. Virginia follows the equitable distribution principle rather than community property rules, meaning the court aims for fairness rather than an automatic 50-50 split.

Can the terms of a divorce decree be modified after the divorce is finalized?

Yes, certain terms can be modified after finalization, but the process requires meeting specific legal standards. Child custody and support arrangements are generally modifiable when there has been a material change in circumstances affecting the child’s best interests.

Spousal support modifications require demonstrating a material change in circumstances that was not anticipated. However, property division terms are generally final except in cases involving fraud or other extraordinary circumstances. To modify divorce terms, you must file a petition with the court that issued the original decree.

What are my rights if I suspect my spouse is hiding assets?

If you suspect your spouse is concealing assets, you have several legal remedies available. Virginia law requires full financial disclosure and concealing assets constitutes contempt of court with severe penalties.

You can request formal discovery procedures, including interrogatories and document requests to uncover hidden assets. Your attorney can subpoena financial records from banks and other institutions. Forensic accountants can trace financial transactions and identify discrepancies.

If hidden assets are discovered after divorce finalization, you may be able to reopen the case and seek revised property distribution.

How do divorce proceedings work if one spouse lives out of state?

Virginia courts can proceed with divorce cases when one spouse lives out of state, provided the court has proper jurisdiction. If you are a Virginia resident filing for divorce, the court has jurisdiction even if your spouse lives elsewhere.

The nonresident spouse must be properly served with divorce papers according to Virginia law, which may involve service in their current state. They can participate through their attorney, and many hearings can be conducted via telephone or video conference with court approval.

For uncontested divorces, the process can be streamlined with both parties signing necessary documents without appearing in court.

How can mediation help in a divorce case?

The purpose of mediation is for couples to reach a mutually amicable divorce settlement with the help of a neutral third party called the mediator. Couples can negotiate every major divorce matter during mediation, including asset division, child custody, child support and marital support. The mediator does not decide the outcome of an issue. Instead, the mediator is trained to help facilitate communication and discussions between the divorcing spouses so they can reach an agreement that meets their wants and needs on their own.

The main benefit of mediation is that couples can develop a divorce settlement without going to court. This means couples can retain control over the outcome and avoid costly court fees and trial dates. Mediation is also private, which means couples can discuss their wants freely without anything they say going to court.

What are common mistakes people make during the divorce process?

Some common mistakes that can impact the divorce process include:

• Poor communication: Couples who fail to communicate their wants or expectations may create misunderstandings and unnecessary conflicts.
• Mishandling finances: Hiding assets, failing to document assets or overlooking tax implications can lead to legal issues and financial burdens.
• Emotional decisions: Reacting out of anger, resentment or sadness can cloud a spouse’s judgment and cause them to make irrational choices.
• Social media posts: A spouse could impact their divorce by oversharing their divorce online.

The biggest mistake people make, however, is not reaching out for legal representation. Our attorneys can help you avoid costly mistakes by educating you on your legal options and rights.

How does divorce affect retirement benefits?

Marital assets are divided based on equitable distribution laws in Virginia. Retirement benefits earned during a marriage may be subject to equitable distribution even if they are in only one spouse’s name. However, several factors may influence the total amount of retirement benefits distributed, including the length of a marriage and the established standard of living.

What are the legal considerations for child visitation rights?

Parents can agree on child visitation options. However, if parents cannot agree, a Virginia court will determine visitation rights based on a child’s best interests. Some factors that can influence child visitation rights include a parent’s history of neglect or abuse, a child’s wishes and each parent’s ability to cooperate with the other. Our attorneys can help parents negotiate custody and visitation rights.

Concerned About Taking The First Step? Speak With An Experienced Attorney Today.

Contact us at our Fairfax or Leesburg offices to learn about how our team can help. Schedule your confidential consultation online or over the phone at 703-224-0888. We invite you to click on these links to learn more about our attorneys’ achievements.