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Divorce and Judicial separation in Arlington
Couples with conflicting opinions wish to get a divorce as quickly as possible but are likely to misunderstand the difference between being legally separated or divorced. When a couple in Arlington decides to separate, it is advisable to meet the best Arlington divorce lawyer in VA as they look into the concerns of the clients based on the merits of the case. The Law Offices of SRIS, P.C. has been having providing the best legal service for several years and if you have been thinking of marriage annulment in Arlington, get in touch right now.
Before proceeding further, let us know the difference between separation, legal separation and divorce/dissolution of marriage.
- The state laws of Virginia do not force couples to stay together in matrimony after things get difficult. Therefore, a couple could simply live apart without involving the court and this situation is legally termed as separation.
- In VA, an experienced Arlington divorce lawyer can assist the couple in separation without going through the court procedures.
- The divorce lawyer will be able to guide the couple through prerequisites like child custody, alimony, and splitting of assets. Once the decisions regarding these issues are made by mutual consent, the divorce lawyer in Arlington VA will draft agreements that can either be official or informal, stating the standards by which child support, alimony, and sharing of properties are to be taken care of.
- In Arlington VA, a legal separation can simply mean a change in the marital status of a person.
- To begin with, the couple in Arlington will have to submit a petition in the Family Division or the Superior court in the state. Filing these petitions can be done with the assistance of a divorce lawyer as they are familiar with all the processes.
- A judicial separation remains to be the same as a marriage dissolution in many aspects like the cost and duration at which the formalities are completed; save for the fact that in case of judicial separation, the couple remains to be married. Thus, only with the consultation of the Arlington divorce lawyer VA, a person becomes aware of all these legalities.
Dissolution of marriage and its importance in Arlington VA
- In Arlington VA, marriage dissolution is a legal procedure that requires the assistance of a veteran divorce lawyer as they render legal consultation and are capable of elaborating on the requirements for dissolution.
- The divorce lawyer in Arlington VA is widely recognized for its legally valuable services at reasonable and affordable charges.
- In some cases, the divorce lawyer may offer free consultation during the initial appointment.
- The Arlington divorce lawyer in VA enlightens the couple on the grounds of separation, authorized by the state government.
Once when the couple is aware of all the options available to them in the legislature, it will be easy to obtain the right solution hassle-free under proper guidance from the divorce lawyer in Arlington VA.
Military divorce lawyer Arlington VA
Dissolution of marriage is challenging for anyone; particularly for those in the US Armed Forces. It doesn’t matter if the person is serving or retired from the armed forces, the law governs the marriage dissolution process including child support, property division, debt, spousal support, visitation, etc., and an experienced Military divorce lawyer Arlington VA can work it out.
Dissolution of marriage in serving or retired military personnel, who is entitled to retired pay, will need the assistance of a divorce lawyer in Arlington VA. Retired pay is treated as marital property under the Federal law and directives are issued on how the court may split it in between the spouses. It might turn out to be a tedious process which will require the guidance of an experienced divorce lawyer in Arlington VA. If you are looking for guidance, contact the Law Offices of SRIS, P.C. and get clarity on every issue pertaining to your case.
Important changes have been made in the recent laws to enable the state court to determine the concern of the spouse regarding the superannuated pay of the military service member. If you need clarification, talk to a divorce lawyer in Arlington VA.
The elements determining the concerns of the former spouse in present or superannuated military pay are as follows:
- Time of joining the armed forces
- Whether in duty or retired
- The period of marriage
- The period the member served in the armed service before and after marriage dissolution
- The time granting marriage dissolution
Do not wait any longer when you have concerns regarding marriage dissolution in VA. The Arlington divorce lawyer will be able to guide you through the process easily.
What is the Civil Relief Act?
The active service members receive protection under the Civil Relief Act 2003. The law prohibits the state court to hear proceeding of dissolution of marriage or family cases for 90 days when the service member is not able to appear for the proceeding because of service obligations. The service member can also apply for more time. Want to find out if you are eligible for the benefit? Then contact The Law Offices of SRIS, P.C, the best Arlington divorce lawyer in VA.
Survivor Benefit Plan (SBP)
The Federal law allows the court of Virginia to divide military superannuated pay of a serving or retired service member by appointing their spouse or ex-spouse to be the beneficiary of the Survivor Benefit Plan. Want to check if you are a beneficiary? The Arlington VA divorce lawyer can help you with it.
In Arlington VA, the SBP is similar to the life insurance annuity or policy. Most spouses will continue to receive the benefit of SBP till death as long as he/she does not remarry till the age of 55 years. Based on the cost of living adjustment, the amount may be adjusted and implemented into the retired pay. If you doubt the calculation of the benefits, the divorce lawyer can be your one-stop solution.
The ex-spouse will stop receiving the SBP if he/she does not want to be designated for the same. In such cases, the ex-spouse will stop receiving a portion of the retired pay after the expiry of the service member. If you have stopped receiving the pay and want a claim, the divorce lawyer in Arlington VA can help. Considering the importance of the issue, the best thing to do in such situations is to reach out to The Law Offices of SRIS P.C. for immediate relief.
Additional benefits can be sought by the ex-spouse of the service member depending on how long he/she served during their marriage. For more on the rule, engage a divorce lawyer.
The rule states that the ex-spouse is entitled to installation privileges and military benefits like commissary, medical, military exchange and more even after the marriage dissolution only if:
- The member has over 20 years of Armed Forces credible service
- The marriage lasted for roughly 20 years
- At least an overlap of 20 years between military service and marriage.
In Arlington VA, the benefits and privileges are frozen if the ex-spouse of the service member is remarried but can be reinstated if the remarriage is terminated due to dissolution or death. Any confusion in the rule can be sorted out by an experienced divorce lawyer in Arlington VA.
As per the rule, the ex-spouse is liable for one-year transitional medical benefits, only if:
- The service member has a minimum of 20 years of Armed Forces credible service
- If the couple were married for a minimum of 20 years
- At least overlap of 15 years between the military service and marriage
- An overlap period of 10 years between marriage and credible service, then the ex-spouse is entitled to interest from military retired pay via direct payment. Get to know more about the overlap period and benefits from the divorce lawyer in Arlington VA.
Reasons for suspension of benefits:
- If the ex-spouse is covered by a sponsored health plan by his/her employer or is remarried, then the medical benefits stand to be suspended. If the ex-spouse does not satisfy the Rule 20/20/20 or 20/20/15, the ex-spouse will lose the entitlement benefits. These details are not to understand and will require the expertise of a divorce lawyer. In Arlington VA, you should get in touch with the Law Offices of SRIS, P.C. for complete details.
Family care plan in Arlington VA
The custody and visitation rights of the minor children of military service members can be dealt with through a Divorce lawyer in Arlington VA. The law in Virginia prescribes caretakers for the dependent children for long term and short term periods when the service member is on military drills, mobilization, yearly training or deployment. Child custody and visitation rights can be difficult to deal with unless you engage an experienced divorce lawyer in Arlington VA who can work out the court proceedings favorably.
Marriage dissolution during the pandemic in Arlington VA
The COVID 19 pandemic has changed the fabric of family life creating greater challenges for the couple, especially those who are looking to seek the help of Arlington divorce lawyer in VA. Working from home and balancing household duties like home schooling, housekeeping, cooking, etc. and simultaneously protecting the family from the deadly virus could be tormenting. Being with the family may be a joyous experience on an ordinary day but in the case of a couple awaiting separation or filing for dissolution it could be an ordeal. In fact, living under the same roof with a person you want to be separated may not be easy to handle. Want to expedite the process? The Arlington divorce lawyer in VA can help. If you want clarity on the legal information, contact a lawyer at the Law Offices of SRIS, P.C.
Legal support during COVID-19 times
- Couples seeking marriage dissolution, spouse support, child custody, visitation, and other family-related issues can contact a reputed divorce lawyer in Arlington VA to understand the law and get specific solutions.
- Civil hearings may be delayed as only emergency cases are heard at the Virginia courts. Despite the suspension, the local court is accepting the filings of new cases. So, talk to your Arlington divorce lawyer in VA to find a quick relief.
- Since, the courts are not functioning due to the coronavirus pandemic, the burden on the courts is overwhelming. Do not wait any longer when you know that the divorce lawyer in Arlington can help.
Filing for marriage dissolution in Arlington VA
The rapidly accumulating marriage dissolution cases filed at the Arlington VA court has put several lawyers under pressure. Therefore, it has become important to choose the best divorce lawyer, which is the first step to obtain a marriage dissolution. When you engage a lawyer, they will make the court procedures simple and easy. Also, the charges levied by the divorce lawyer in Arlington VA for their services need to be affordable.
The legal requirements to be met for marriage dissolution are mentioned below:
- Before filing a petition for a marriage annulment at the VA court, the Arlington divorce lawyer will ensure the residential eligibility of the couple. The couple should have been a legal resident of the state for at least six months.
- The divorce lawyer will guide the couple to come up with decisions regarding child custody and support (if they have any), alimony, and sharing of assets and debts under mutual consent. These norms become applicable after the dissolution is finalized at the court in Arlington VA.
- Lame reasons cited for a marriage dissolution will never be accepted by the court. Thus, the lawyer will elaborate on the grounds recognized by the State judicial system. In Arlington VA, the divorce lawyer will make sure that the reasons quoted by the couple fall within the grounds that are required to initiate a fault or a no-fault marriage dissolution. Reasons like domestic violence, illegitimate relationship, and serious crimes committed that lead to jail imprisonment for one year and more come under the fault grounds for dissolution. No-fault marriage dissolution can be obtained only if the couple has minor children from their marriage and have been living separately for six months before filing the legal dissolution.
- In Arlington VA, all legal forms required to end a marriage should be duly signed by both the parties and this can be done in the presence of a lawyer, who is capable of checking the veracity of the documents and correcting them if necessary.
- The annulment papers that are filled should be submitted at the circuit courts of the state.
- The Arlington divorce lawyer in VA will give a copy of the dissolution papers to both the parties and keep them informed about the status of the case and its proceedings at the court.
- In Arlington VA, after the exchange of document copies between the spouses, the petitioner is free to place a request for the Ore Tenus Hearing at the court. An Ore Tenus Hearing is an oral trial in the presence of a judge and it will require the assistance of an experienced divorce lawyer in Arlington VA.
- During the trial, the Arlington VA divorce lawyer will submit all necessary documents to the judge, and when all the legal requisites are met, the judge grants the decree.
A marriage dissolution is a difficult process in VA and therefore, it is strongly recommended that you engage a divorce lawyer associated with The Law Offices of SRIS P.C for the best guidance and assistance.
Marriage dissolution in Arlington VA
With every failed marriage, separation has become the only solution to live a stress-free life. However, the processing of annulment at the court is a tedious and traumatic process. But with the guidance of the best Arlington divorce lawyer in VA a person is sure to obtain desired and favorable results. In case of dissolution, a person filing a complaint in the first place is referred to as the petitioner and the person defending it is addressed as the defendant. There are many instances in which the divorce lawyer in Arlington VA offers free consultation and counsel to couples during their first visit.
Various stages in processing a marriage dissolution in Arlington VA
Filing for a marriage dissolution at the court:
- Before applying for dissolution, the divorce lawyer in VA ensures the couple fulfills the residential requirements. The couple should have been a resident of the Virginia State for a minimum of six months.
The waiting period
- Once a petition for annulment is registered, the court in Arlington VA enforces a waiting period of 60 days before beginning the divorce process. It is only during this period, the terms of dissolution will be carefully laid down by the divorce lawyer.
- Arlington divorce lawyer in VA, along with the court, can also look into putting down restrictions to the couple’s joint bank account, if they have any.
- With proper counseling from a seasoned divorce lawyer in Arlington VA, one of the spouses can also impose restraining orders for a temporary period regarding freezing of joint bank accounts due to fear of exploitation and mismanagement by the other. These orders can also be put forth in seeking protection against domestic violence.
- An Arlington divorce lawyer will draft an agreement describing the norms according to which child custody will be taken care of after the marriage dissolution is through. The draft will have to explain on the days and the duration of child support by either of its parents. The divorce lawyer will also look into settling the concerns related to the amount shared by the couple for child care after they are separated.
- The Arlington divorce lawyer in VA will also conclude the partition of properties, assets, and debts that will be applicable following the marriage dissolution.
- If the couple is unable to resolve the issue under mutual consent, the court along with the divorce lawyer will step in, and they will finalize decisions in abidance to the VA state laws.
The last stage in obtaining marriage dissolution
If all agreements are drafted in, duly acknowledged, and signed by the two parties, the marriage dissolution could be obtained without long court proceedings, any time after the completion of 60 days with appropriate assistance from a proficient Arlington divorce lawyer in VA.
Once all legal requirements for a divorce with the guidance of the best divorce lawyer in Arlington VA are cleared, the dissolution of marriage can be acquired hassle-free. Therefore, contact The Law Offices of SRIS P.C. right away!
We are your Arlington County divorce lawyer in VA. Our Arlington divorce lawyers in VA frequently go before the Arlington County divorce courts. Our Arlington divorce lawyers also frequently appear before the Arlington County Juvenile & Domestic Relations Courts. So if you are seeking a skilled Arlington divorce lawyer in VA, call the Law Offices Of SRIS, P.C. for help. 888-437-7747.
Count on us to be your divorce lawyer in Arlington, VA, child custody lawyer in Arlington, VA, child visitation lawyer in Arlington, VA, child support case lawyer in Arlington, VA, protective order lawyer in Arlington, VA or help you with any other type of family law case in Arlington, VA.