Abogado Divorcio Virginia Abogados Divorcio Virginia

KNOW THE BASICS BEFORE A DIVORCE

Divorce can not only be intimidating, but it is also an expensive affair. A common man will not notice the pitfalls in the legal process and may end up losing money and peace of mind. Therefore, choosing the right lawyer to deal with his case is essential. The Law Offices of SRIS, PC, with its team of veteran divorce attorneys in Virginia, has a substantial practice in this branch of the law. The attorneys here are experts at guiding the client through the process and protecting her interest.
The attorney in Virginia is often bombarded with questions on topics such as  grounds for dissolution of marriage , equitable distribution of property , spousal support , child custody , children , child support  and visitation. Some of the common questions Virginia divorce attorneys face are detailed here. For a detailed consultation, contact the Law Offices of SRIS, PC
The dissolution of marriage is a life-changing experience for a couple. It is impossible to focus on the techniques or legitimacies of marriage dissolution when you are emotionally overwhelmed. A Virginia divorce attorney understands the client’s position and adopts the best process for quick relief. Every divorce case is unique in Virginia and the attorney needs to formulate personalized solutions. Knowing this well, the Law Offices of SRIS, PC educates clients about the divorce process and empowers them to face it.

DIFFERENT TYPES OF MARRIAGE DISSOLUTION

In Virginia, there are two different types of dissolution of marriage: a vincula matrimonii divorce and a mensa et thoro.

• In a ‘vinla matrimonii’, the marriage ends when the judge signs the final decree of divorce. It is also known as an absolute divorce.
• The bed and board divorce is known as the “divorce a mensa et thoro”. In this case, the marriage does not end and the lawyer can look for strategic reasons. This type of dissolution is common for reasons such as desertion, cruelty, or abandonment.

HOW TO FACE A DIVORCE COMPLAINT?

A person served with a complaint should not delay any longer and call a reputable law firm to handle the case. At the Law Offices of SRIS, PC, our team of competent Virginia attorneys will seek an appropriate answer. The defending spouse must file pleadings with an answer to the complaint within 21 days of receipt of the complaint. This could include only an ‘Answer’ or ‘Motion to Dismiss’ or ‘Demurrer’.
If you don’t submit the response, it becomes a ‘default’. This could mean that you agree with the allegations in the Lawsuit and your substantial rights will be waived, otherwise you are eligible. The divorce attorney at the Law Offices of SRIS, PC can present responsive pleadings to protect her interest. There may be instances where responsive pleadings are not required. Only an experienced Virginia attorney can guide you in this matter.

HOW TO FACE DIVORCE QUESTIONS IN VIRGINIA?

In a marital dissolution, discovery strategies such as document production requests and interrogations are used. Interrogatories are nothing more than a set of questions that a spouse must answer under oath within a prescribed time. A divorce attorney will help you navigate the questions.
The spouse must file all copies of the document request set within the prescribed time once the requests have been received. The divorce attorney in Virginia prepares the documents.
The above is intended for litigated cases only, although the case may lead to a settlement. If the document production and interrogatories requests are addressed simultaneously with the Complaint, then the party has 21 days to respond to the requests. Consult a highly experienced Virginia divorce attorney if you are made aware of the discovery.

DIVORCE WITHOUT COURT IN PROCEDURE IN VIRGINIA

In Virginia, not all dissolution of marriage cases require a court appearance. Many cases are resolved without clients needing to appear in court. For spouses with a valid settlement agreement, issues related to the dissolution of marriage can be expedited and the final decree quickly obtained. A judicious and qualified divorce attorney can work out the technical details efficiently.
The settlement agreement is the most rational way to end a marriage without any heartache. It’s called an uncontested divorce and is best handled by a Virginia divorce attorney.
In Virginia, you may be required to enter the courtroom if you do not have consent to a settlement. This is called a contested divorce. Here, the court steps in to settle the matter amicably. Divorce attorneys for both parties resolve the couple’s differences and if the matter is resolved before trial, a partial settlement agreement is established. The attorney in Virginia narrows down the issues and only the unresolved issues are brought before the judge. He remembers that dissolution processes are expensive; therefore, issues based on the merits of the case must be taken into consideration.
To resolve disputes between parties, there are a few legal tools and Virginia divorce attorneys refer to it as “Alternative Dispute Resolution.” The respective divorce attorneys educate the spouses about ADR to explore the possibilities of settling the case in Virginia.

DECISIONS MADE BY VIRGINIA COURTS IN A DIVORCE

The dissolution of a marriage may not be simple, as it involves a number of issues to be resolved. The main issues to be resolved include alimony, division of marital property, and child support; These are best handled by a reputable divorce attorney in Virginia. Resolution should not be considered after both parties reach a specific agreement. It means that the spouse can waive some of the rights for the sake of spousal support or division of marital property, which will be decided by the court. In such cases, it is important to clarify his position with his divorce attorney before heading to court.
The couple can petition for dissolution of the marriage without seeking court intervention in the division of marital property or child/spousal support. The parties have to make a conscious decision. Spouses may involuntarily waive their rights to spousal support or equitable distribution; therefore, an experienced Virginia divorce attorney is needed to weigh the options and litigate the issues. In such cases, the Law Offices of SRIS, PC can be a valuable resource in protecting your interest.
Virginia divorce attorneys resolve issues related to visitation, child custody, and spousal support. The issue arises when the spouse has minor children and must be resolved before the final decree is signed. A court proceeding for property division and spousal support may not be required prior to the final decree. Leave it to a responsible Virginia divorce attorney and breathe a sigh of relief.
Property division in a dissolution of marriage is called equitable distribution in the Commonwealth of Virginia and attorneys work for a fair settlement. In the event that the parties are unable to agree on marital property, an equitable distribution will be initiated as part of the litigation.
Spousal support is also known as alimony or spousal support. If the parties cannot agree on spousal support, a Virginia divorce attorney can help reach an agreement. The issue is taken to court as part of the dissolution process.

JUDICIAL REQUIREMENT FOR DIVORCE IN VIRGINIA

To file for dissolution of marriage, at least one spouse must be a resident of Virginia for the six months prior to filing. Virginia law stipulates domicile, which means that a person must have a permanent home or an intention to live there permanently.
The circuit court must have personal jurisdiction and this is possible if the spouses live in the state. Personal jurisdiction is established by filing for divorce. The complaint is handled by the Sheriff and the private server. When one of the spouses lives outside the state of Virginia, there are additional special rules, which must be followed.

TEMPORARY ORDERS BY VIRGINIA COURT

One of the spouses can seek temporary relief before the final decree is announced. The circuit court has the authority to grant temporary relief. This is called a pending pending relief.

THE VIRGINIA CODE AUTHORIZES THE COURT TO MAKE THE FOLLOWING REQUESTS:

1. To call the spouse to pay spousal support
2. Order one of the spouses to pay debts.
3. Pay the spouse to hire an attorney in Virginia or pay witnesses
4. To prevent the spouse from restraining the personal liberties of the other
5. To provide visitation, child custody, and health coverage.
6. To allow the spouse possession of the home or exclusive use during litigation
7. To preserve the assets of the spouses from being dissipated or wasted
8. Obliging the spouse to provide security in compliance with the court order
9. To make it easier for the spouse to maintain current life insurance policies, including the children’s, and to allocate premium costs for those policies.

The court may also remove a spouse’s family member from a joint residence at the request of the other spouse for fear of bodily harm.

DOMESTIC VIOLENCE

Domestic violence is an important ground in the dissolution of marriage in Virginia. It can include physical, sexual, or emotional abuse in a marriage.
If you are a victim of domestic violence, contact a Virginia divorce attorney. The attorneys at The Law Offices of SRIS, PC have immense experience in the field to protect your interests.

PROTECTING FROM DOMESTIC ABUSE

Remaining silent in a domestic abuse case is the worst thing that can happen to you. When the client is threatened or is the victim of physical abuse, the attorney can justify the issuance of the protective order. Our divorce attorneys at the Law Offices of SRIS, PC are well-versed in procedures related to protection orders and help you navigate complicated situations.

PROTECTIVE ORDERS

A judge has the right to issue a protection order to protect the person from threats or violence by the spouse or household members. An order is issued to stop the abuse and provide protection by restricting contact with the alleged abuser. The victim can fight for the right to protection with the help of a trusted Virginia attorney.

OVERVIEW OF PROTECTIVE ORDERS:

Three different protection orders are issued in Virginia, which are the emergency protection order, the preliminary protection order, and the final protection order.

1. Emergency Protection Order – is valid for 72 hours and is issued after the first report of abuse.
2. Preliminary Order of Protection: Gives the victim sole possession of a home, common vehicle, and temporary custody of children. It is requested before the emergency order expires. The hearing can be done ex parte, which means that the defendant does not need to be present and can be transferred by his Virginia divorce attorney.
3. Final Order of Protection – Has the same elements as the Preliminary and Emergency Order of Protection. The defendant must be present for this order to plead the case along with his Virginia divorce attorney. This order can be maintained for two years.

Do not hesitate to hire a reliable Virginia domestic violence divorce attorney if you are a victim of abuse. If you are defending the order of protection in Virginia, attorneys can successfully defend your case.

SHOULD I GO TO COURT FOR A DIVORCE?

Divorces are a grueling process, but a mutual settlement under the guidance of an experienced Virginia divorce attorney need not require family court visits if all documents are filed. An attorney provides legal assistance throughout the process. Divorce attorneys in Virginia are widely known for their services at the most reasonable prices.
In an uncontested marital dissolution, a resolution contract is signed between the spouses, which establishes all the rules that are applicable after the divorce; especially matters related to child custody, spousal support, and division of assets and debts. A Virginia divorce attorney should be able to help couples draft these settlement agreements with terms favorable to the client. After this, the defendant will be asked to sign a release, agreeing to all provisions and waiving all rights to court services and notices regarding the case, unless there are changes or developments. Lawyers in Virginia inform clients about the progress of the case in court.

CONTESTED DISSOLUTION OF MARRIAGE

When a couple cannot unanimously find solutions, the court along with Virginia divorce attorneys will step in to resolve the issues and achieve mutual consent between the parties. All issues adjudicated before trial in court are brought together in a partial consensus agreement that summarizes all issues that will be heard in court. It gives a better understanding of the situation and minimizes risks, such as lengthy court proceedings. A divorce attorney informs clients of all legally available options to control and resolve all disputes.

HOSTING A COMPLAINT

The first step in requesting a dissolution of marriage is to file a complaint, which is simply a document that indicates the necessary details of the couple. The divorce attorney in Virginia will take care of this task. The Virginia divorce attorney then collects the appropriate evidence and attaches it along with these forms to validate the facts mentioned in the copy of the complaint. The divorce attorney in Virginia will examine the authenticity and fairness of the documents presented, as only legitimate proof of identification and address will be considered in court.
When the court acknowledges the registered complaint, a summons is issued, which is nothing more than a notice for the other spouse to appear during the next trial. After the signing of the waiver, the final decree is prepared, which is the final step in achieving the dissolution of the marriage. The divorce attorney in Virginia does all the paperwork to make the process easy.

For Virginia residents, court hearings related to the case can be held in the office of a Virginia divorce attorney in the presence of the notary public and Virginia divorce attorneys. After the final decree is approved, the judge grants the divorce. Divorce attorneys in Virginia are capable of skillfully defending their clients, advising them of any shortcomings, and familiarizing them to deal with all situations.
Virginia residents seeking to end a marriage may choose to resolve the issue at a Virginia divorce attorney’s office if an agreement is reached. For disputed cases, court proceedings cannot be ruled out. In this case, after hearing from the attorneys on both sides, the Virginia judge issues the final decree. Lawyers in Virginia are capable of skillfully defending their clients, warning them of all the flaws and familiarizing them to deal with all situations.
Virginia divorce attorney is an integral component of all dissolution of marriage cases as they allow you to stay away from all proceedings. Above all, the Virginia attorney hopes to end the marriage fairly. The Law Offices of SRIS, PC, with its team of knowledgeable and aggressive Virginia divorce attorneys, can make a positive impact on your case. The attorneys here maintain strict case-related confidentiality and you can rest assured that your privacy is safe and protected. Understand your rights in a divorce case and work to protect your long-term interests. Call us today to discuss your case with our veteran Virginia divorce attorney.
Count on the Law Offices of SRIS, PC to be your VA divorce attorneys. We are your divorce attorneys in Fairfax County, VA, attorneys in Loudoun County, VA and the rest of VA. C