The family law attorneys at our firm can help with your family law related needs.
Nothing is more important in life than your family. Our firm recognizes family changes aren’t easy, allow us to guide you through the complexity of these unique cases.
These cases may include:
- Guardian Ad Litem
- Custody
- Visitation
- Grandparent/Nonparent Visitation
- Divorce
- Military Family Law
- Prenuptial Agreements
- Adultery
- Child Support
- Spousal Support
- Adoption
- Gay Marriage
- LGBTQ+ Community
- Dispute Mediation
- Separation Agreements
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Frequently Asked Questions
How is property divided in a Virginia divorce?
Virginia follows the principle of “equitable distribution,” which means property is divided fairly, not necessarily equally. Courts consider factors like each spouse’s contributions, length of the marriage, and financial circumstances when dividing marital assets and debts.
How does Virginia determine child custody arrangements?
Custody decisions are based on the “best interests of the child.” Courts evaluate factors such as each parent’s role in the child’s life, living arrangements, and ability to meet the child’s physical and emotional needs. Both legal custody (decision-making) and physical custody (where the child lives) may be shared or awarded to one parent.
How is child support calculated in Virginia?
Virginia uses guidelines that factor in each parent’s income, number of children, healthcare and childcare expenses, and custody arrangements. While the guidelines provide a formula, courts can adjust support if special circumstances exist.
What is the difference between contested and uncontested divorce in Virginia?
In an uncontested divorce, both spouses agree on all major issues such as custody, support, and property division, allowing for a quicker and less expensive process. A contested divorce occurs when disputes must be resolved in court, often making the process longer and more complex.
Do I need to prove fault to get a divorce in Virginia?
Not always. Virginia allows both “fault-based” divorces (such as adultery, cruelty, or desertion) and “no-fault” divorces, which require a period of separation—typically six months if there is a written separation agreement and no minor children, or one year if there are children.
Can grandparents or other relatives get custody or visitation rights in Virginia?
Yes. While parents have primary custody rights, grandparents and other relatives may petition for custody or visitation if it serves the child’s best interests and evidence shows that denying visitation would harm the child’s welfare.
How long does a divorce take in Virginia?
The timeline depends on whether the divorce is contested or uncontested. An uncontested divorce can sometimes be finalized in a few months, while a contested case may take a year or longer due to court hearings and discovery.
