Virginia Family Law, Divorce, and Estate Planning

Family law is a very sensitive and emotional legal practice. Families have a wide variety of legal needs throughout their lives.  . No matter how your family is changing, the goal of the Virginia family law attorneys  at Vienna Law Group, P.C. is to help you through the legalities of this part of your life while minimizing the emotional and financial impact on your family.  Our lawyers provide legal assistance in all aspects of family law including:

  • Adoption
  • Name Changes
  • Prenuptial agreements
  • Post-marital agreements
  • Divorce
  • Military Divorce
  • Separate Maintenance and Spousal Support
  • Equitable Distribution of Assets
  • Child Custody
  • Child Support
  • Child Visitation
  • Grandparent's Rights
  • Elder Law
  • Estate Planning
  • Estate Administration
  • Domestic Violence and Protective Orders
  • Juvenile Criminal Law

Virginia Adoption

Adoption is a wonderful way to provide a home for a child who needs a family.  If you are considering adoption, your first step should be a consultation with a Virginia adoption attorney. Virginia code §63.2-1215 sets the rules for adoption in the Commonwealth of Virginia.  Vienna Law Group, P.C. assists parents who are placing a child for adoption as well as parents who are planning to adopt a child through adoption process. We handle all types of adoptions, including:

  • Agency Adoptions
  • Private Adoptions
  • Interstate Adoptions
  • Foreign Adoptions
  • Foster Parent Adoptions
  • Step-Parent Adoptions
  • Close Relative Adoptions
  • Adult Adoptions

Child Custody and Support

The process for resolving issues of child custody and support for children of married or unmarried parents begins by filing a petition for custody and support in the Juvenile and Domestic Relations District Court (J&DR court) or the Circuit Court of the county where the child has resided for the previous six months. The J&DR court is the lower court where pleadings are more simple and the hearings are less formal. The J&DR court is a "court not of record" meaning if you are unhappy with the result you achieve in court, you can appeal the decision to the Circuit Court and you will have a brand new trial. In cases involving married parents who are contemplating divorce, it is often advisable to begin the custody case in Circuit Court because it can be litigated as part of the divorce, which must be heard in Circuit Court. The four major areas of child custody litigation are:

  •    Physical custody: Physical custody refers to where the child primarily resides. One parent can have primary physical custody, or the parents can share joint physical custody where the child splits his or her time between both parents. Joint physical custody is rare, and only possible where the parents live very close to eachother, specifically in the same school district, and have the ability and time to care for the child on a day to day basis. 
  • Legal custody: Legal custody refers to decision making power. One parent can have sole legal custody, meaning he or she will make all major decisions involving the child, such as religious upbringing, schooling, health care, etc., or the parents can share joint legal custody where they will have to come to an agreement on such major decisions. Joint legal custody is common and generally oly denied in situations where it is clear that the parents cannot agree on anything, or where one parent has demonstrated behavior that make it clear to the judge that he or she should not be involved in such decisions.
  • Visitation rights: In situations where one parent has primary physical custody of the children, the other parent (non-custodial parent) will almost always be granted visitaiton rights either according to a specific schedule, or a flexible schedule to be determined by the parties. The judge can determine that it is not in the child's best interest to have visitation with the non-custodial parent in situations involving abuse of the child, severe substance abuse by a parent, and other similar serious situations.  
  • Modifications: In most cases a child custody and/or support arrangement established at the time of divorce or separation will need to be changed at some point prior to the children turning 18. When a change in custody or support is required, a parent must file a motion or petition for modification based on a material change in circumstances, such as relocation, job changes, educational needs, etc. The judge will award the modification if he or she finds that it would be in the best interests of the child.

The attorneys at our firm offer compassion and sensitivity to help you through your child custody issues. Recognizing how traumatic child custody litigation can be on our clients and their children, we always encourage our clients to attempt to resolve their issues amicably, rather than immediately proceeding to court. However, when the situation calls for it, we have the skills and experience to represent your interests at trial.

 

Virginia Divorce

Dissolution of a marriage is not easy. Even a "friendly" divorce can be emotionally trying.  Couples must agree on the division of assets, child custody, visitation, and support arrangements.  If the divorce is acrimonious, the process can be complex, expensive, and time consuming.  You need a proactive lawyer who will  assess your case based on his or her experience and intelligently advise you on the risks and benefits of litigation versus settlement to resolve your case.

Initiating a Divorce

A Virginia divorce case begins when either a husband or wife files a "Complaint for Divorce" with the Circuit Court in the county where at least one party resides and has it served on the other spouse either by a sheriff or a private process server. The spouse has 21 days to respond to each of the allegations in the Complaint by filing an "Answer". Once the answer is filed or 21 days elapse without any action, the case can proceed.

Pendente Lite Hearing

Either spouse can request a preliminary hearing to establish  the rights and obligations between the parties while the case is pending.  In this hearing, issues such as who gets to live in the marital residence, who will have temporary custody of the children, whether the marital assets will be frozen while the case is pending, and whether support must be paid are resolved. The "pendente lite" order entered at the hearing remains in effect until it is modified or  a final divorce decree is entered which states the final terms governing the dissolution of the marriage.

Grounds for Divorce in Virginia

Virginia Code § 20-91 and Virginia Code § 20-95 set forth the following grounds for divorce: 

  • The spouses have lived separately and apart without cohabitation for one year without interruption.
  • The spouses have entered into a separation agreement, have no minor children, and have lived separately and apart without cohabitation for six months without interruption.
  • A spouse has committed adultery, sodomy or buggery outside the marriage.
  • One spouse has been convicted of a felony and sentenced to serve more than a year in prison and there has been no cohabitation after the other spouse learned of the conviction.

If a spouse has been guilty of cruelty, caused the other to reasonably fear bodily harm, or has deserted the other, the other may have a divorce after a year.Spousal Support

Many considerations are made when determining whether spousal support should be awarded in a divorce. Spousal support is intended to provide financial stability to the dependent spouse, but it is not granted in all instances. The court focuses on the following factors in Virginia Code 20-107.1 in awarding spousal support:

1. The obligations, needs and financial resources of the parties;

2. The standard of living established during the marriage;

3. The duration of the marriage;

4. The age and physical and mental condition of the parties;

5. The extent to which the factors in number 4 would make it appropriate that a party not seek employment outside of the home;

6. The contributions, monetary and nonmonetary, of each party to the well-being of the family;

7. The property interests of the parties, both real and personal, tangible and intangible;

8. The provisions made with regard to the marital property in equitable distribution;

9. The earning capacity of the parties and the present employment opportunities;

10. The opportunity for, ability of, and the time and costs involved for a party to enhance his or her earning ability;

11. The decisions regarding employment, career, economics, education and parenting arrangements made by the parties during the marriage;

12. The extent to which either party has contributed to the attainment of education, training, career position or profession of the other party; and

13. Such other factors, including the tax consequences to each party, as are necessary to consider the equities between the parties.

 

Child Support

Child support orders in Virginia are based on the Virginia child support guidelines which provides a calculation based on each party's income, child care costs, and health insurance costs for the children. While the calculations are generally strictly adhered to by the judge, there are occasions in which the court will increase or decrease the figures based on a number of factors. Such factors include the support of "other" children (meaning children from another relationship), undocumented income such as tips and income from rental properties, additional support necessary for children with special needs, and a party's voluntary unemployment or underemployment.

Equitable Distribution

If the parties cannot come to an agreement regarding the distribution of the marital assets, they must appear before a judge who will determine how the assets should be distributed. Virginia law provides for the equitable distribution of marital property in divorce. This means that rather than dividing marital property equally, it is divided in a manner that the court deems fair. The court considers many factors when determining equitable division of marital property.(link to statute?)  At the hearing, each party has the opportunity to present documentary evidence such as bank statements, pay stubs, credit card bills, investment portfolios, etc., and the judge will hear testimony from both parties as well as any relevant witnesses like family members and friends who have knowledge of the situation. In some cases it is necessary to also present the testimony of a financial expert.  While it is not required that you have an attorney present at an equitable distribution hearing, it is highly advisable to ensure that you do not waive any rights that you may not know you have, and to ensure that you present the best case possible under the circumstances. This is especially important if your spouse has an attorney.

The Final Decree

A divorce decree issued by the court  legally dissolves the marriage and lists all of the decisions the judge has made, or the parties have agreed to, about property distribution, spousal support, child support, and child custody.

Vienna Law Group, P.C. Assists Northern Virginia families with:

  • Separation and Separation Agreements
  • Contested Divorce
  • Uncontested Divorce
  • Military Divorce
  • Child Custody
  • Child Support
  • Separate Maintenance and Spousal Support

Estate Planning

Writing a will is one of those important tasks we all know we should do, but prefer not to think about. However, planning for the unthinkable is not something to procrastinate. Estate planning allows you to protect both your assets and your family and to make sure that your wishes are followed in case of your unexpected death. Well-drafted estate planning documents can prevent delays in estate administration that may negatively impact your loved ones.  The Virginia estate planning lawyers at Vienna Law Group, P.C. can help with all aspects of estate planning, including:

  • Last Will and Testament
  • Revocable Living Trusts
  • Probate Administration
  • Powers of Attorney
  • Living Wills

Call Vienna Law Group, P.C.

The attorneys at Vienna Law Group, P.C. are licensed to practice law in Virginia, the District of Columbia. If you need legal assistance in any aspect of family or estate planning law and want a lawyer who can get results, contact our Virginia family law lawyers  at 1-877-491-4LAW. We offer free consultations.



The information on this web site is not legal advice. All cases vary based on unique details so  all case evaluations must be performed by an attorney or law firm.  Past case performance is not an indication of performance on any current or future case.  Information on this site is intended for educational and general reference purposes only in order to assist the reader with a better understanding of various issues which may affect them. Reading from this site does not establish a client/attorney privilege. To obtain legal advice, you must hire an attorney.

Vienna Law Group

10615 Judicial Drive                      8229 Boone Blvd
Suite 101                                       Suite 290
Fairfax, VA 22030                            Vienna, VA  22182 

Phone: 703-385-6868
Toll free: 1-877-491-4LAW
Fax: 703-385-7009

 

Vienna Law Group provides immigration, bankruptcy, family law, divorce, traffic violation, DUI/DWI and criminal legal services in Northern Virginia, including the following cities and counties: Fairfax, Vienna, Reston, Tyson's Corner, McLean, Falls Church, Arlington, Alexandria, Mt. Vernon, Annandale, Springfield, West Springfield, Newington, Lorton, Woodbridge, Dale City, Burke, Manassas, Centerville, Chantilly, Herndon, Sterling, Ashburn, Leesburg, Fairfax County, Alexandria County, Arlington County, Loudon County and Prince William County.



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