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There are many reasons that the rate of failed marriages is so high in the United States and divorcing couples in Fairfax, Virginia often run into hurdles during the division of assets, time spent with children, expected financial responsibilities, and disagreement over possession of the family home. All of these activities may require the professional services of Eisenhower, Laufer & Duran, a divorce law firm in Virginia. The average Virginia divorce may be completed in about 18 months and a divorce attorney can guide individuals with straightforward legal actions that may knock down common hurdles to moving forward for both parties.
Under Virginia law couples can request either a divorce from bed and board which is a separation where the parties are not permitted to marry, or a divorce from matrimony which is a complete and final divorce action. After one year’s time from the date the parties originally separated, a divorcing couple from bed and board may merge the decree to a divorce from matrimony.
The law requires that "grounds" for divorce must exist and be proven to the court, even if the parties agree that a marriage should end (no fault) and there are no contested issues. Fairfax, Virginia divorce attorneys at Eisenhower, Laufer & Duran have years of experience that may be beneficial to individuals who have questions concerning life changes that impact finances, living space, and children as they undergo one of the most stressful life events according to the Holmes and Rahe stress inventory scale. Our divorce and mediation attorneys can provide legal solutions that may anchor divorcing individuals as they adjust to changes that divorce and child separations may cause, including harmful impacts to finances that may involve losing a family home, and emotional and time sharing matters involving children.
Reasons for divorce actions.
Divorce actions can be time consuming and cause emotional and financial battles that require professional support from Fairfax VA divorce lawyers. To obtain a divorce in Virginia, either one or the other spouse must be a resident of Virginia for at least six months prior to filing for divorce. If there are no children from the marriage, couples must be separated for a minimum of six months and have a written property settlement agreement before they may file for divorce. If there are children from the marriage, couples must be separated a minimum of one year before they may file for divorce. The divorce law recently changed in Virginia (July 1, 2021) to allow for no fault (uncontested) divorce actions to be undertaken without a verified witness.
Complete paperwork. A divorce complaint document is usually drafted by an attorney (though many courts make sample complaints available to the public) and is considered the initial filing in a divorce action. To finalize a divorce without trial, other terms for the divorce must be put in writing and agreed to by divorcing parties, referred to as a “marriage settlement agreement.” A copy of the agreement will then need to be filed with the appropriate court’s office where the divorce proceeding is filed, to be incorporated into a final order of divorce.
Proof of service is a requirement of a divorce proceeding in Virginia and can be accomplished through private service, sheriff's or constable service, acceptance of service by a party or counsel, and when a spouse cannot be located, through publication in a local newspaper for a specified amount of time. Recent changes to Virginia law regarding service requirements have streamlined the process for filing an uncontested divorce.
Divorce with children.
Divorce attorneys in Fairfax can assist with child custody and support issues when children are involved, including petitioning the court for Pendente Lite or temporary support to provide necessary financial support to a party pending a final hearing or agreement.
Virginia courts have the right to require divorcing parents with minor children to complete a parenting class before granting a divorce. The parent is required to submit a certificate of completion to the court.
Divorce lawyers can clarify child custody laws, as they pertain to both parents’ legal responsibility to children. Legal battles involving custody are best addressed with an experienced child custody attorney, as the outcomes can be devastating to both parents and children.
· Physical custody – custody that is in the best interests of the child, considering a multitude of factors including but not limited to the child's age; the mental and physical health of the child and the parents, child’s community, school, and home environment; the roles each parent has played in the child's upbringing; the relationship with child and ability to foster the other parent's relationship with the child.
· Visitation or parenting time- refers to a parent's scheduled time with the child. The terms visitation and parenting time are used synonymously.
Seek legal counsel.
Individuals who are in the process of separation or who are considering separation or divorce should consult with experienced Fairfax VA divorce attorneys at Eisenhower, Laufer & Duran in Fairfax Virginia with questions surrounding family law issues, to diffuse the emotional, financial, and family upheaval associated with divorce and child custody actions.
Eisenhower, Laufer & Duran, P.C.
10560 Main Street, Suite 515
Fairfax, Virginia 22030, United States
Eisenhower, Laufer & Duran, P.C.
10560 Main Street, Suite 515, Fairfax, VA 22030
The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation .
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