KNOW THE BASICS BEFORE A DIVORCE
Divorce can not only be intimidating but is an expensive affair as well. A common man will not realize the pitfalls in the legal process and may end up losing money and peace of mind. Therefore, choosing the right attorney to deal with your case is a must. The Law Offices of SRIS, P.C., with their team of veteran divorce attorneys in Virginia, have a substantial practice in this branch of law. The lawyers here are adept in guiding the client through the process and protecting their interest.
The attorney in Virginia is generally bombarded with questions on issues like grounds for marriage dissolution, equitable distribution of properties, spousal support, child custody, child support, and visitation. Some of the common questions faced by divorce lawyers in Virginia are elaborated herein. For a detailed consultation, contact the Law Offices of SRIS, P.C.
The dissolution of marriage is a life-changing experience for the couple. It is impossible to focus on the technical or legitimacies of the marriage dissolution when you are emotionally overwhelmed. A divorce attorney in Virginia understands the client’s position and adopts the best process for quick relief. Each divorce case is unique in Virginia and the attorney needs to formulate customized solutions. Knowing this well, The Law Offices of SRIS, P.C. educate the clients about the divorce process and strengthens them to face it.
DIFFERENT TYPES OF MARRIAGE DISSOLUTION
In Virginia, there are two different types of marriage dissolution – divorce a vincula matrimonii and a mensa et thoro.
- In a ‘vincula 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 are referred to as the ‘divorce a mensa et thoro’. In this case, the marriage does not end and the attorney may seek strategic grounds. This type of dissolution is common for grounds like desertion, cruelty, or abandonment.
HOW TO FACE A DIVORCE COMPLAINT?
A person served with a Complaint should not delay any further and call a reputed law firm to deal with the case. At The Law Offices of SRIS, P.C., our team of competent attorneys in Virginia will work out a proper response. The defending spouse has to file pleadings with a response to the Complaint within the following 21 days of the receipt of the Complaint. This could include just an ‘Answer’ or ‘Motion to Dismiss’ or ‘Demurrer’.
If you fail to file the response, then you become a ‘default’. This could mean you agree to the allegations in the Complaint and your substantial rights shall be relinquished, which otherwise you are eligible for. The divorce attorney at the Law Offices of SRIS, P.C. can file responsive pleadings to protect your interest. There may be cases where responding pleadings may not be required. Only an experienced attorney in Virginia can guide you in this matter.
HOW TO FACE DIVORCE INTERROGATORIES IN VIRGINIA?
In a marriage dissolution, discovery strategies like requests for production of documents and interrogatories are used. Interrogatories are nothing but a group of questions a spouse must answer under oath within a prescribed time. A divorce attorney will help you tackle the interrogatories.
The spouse must produce all copies of the set of requests for documents within the prescribed time once the requests are served. The divorce attorney in Virginia prepares the documents.
The above are meant only for litigated cases even though the case may lead to a settlement. If requests for production of documents and interrogatories are served simultaneously along with the Complaint, then the party has 21 days to respond to the requests. Consult a well-experienced divorce attorney in Virginia if you are served with discovery.
DIVORCE WITHOUT A COURT PROCEEDING IN VIRGINIA
In Virginia, not all marriage dissolution cases call for a court appearance. Many cases are resolved without the clients’ needing to appear before the court. For spouses with a valid settlement agreement, addressing the issues related to the dissolution of marriage can be hastened and the final decree obtained quickly. 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 heartaches. It is called uncontested divorce and is best handled by a reputed Virginia divorce lawyer.
In Virginia, you may have to step into the courtroom, if you do not have the consent for a settlement. This is termed as a contested divorce. Here, the court intervenes to resolve the matter amicably. The divorce lawyers of both parties work out the differences of the couple and if the matter is settled before the trial, it is set for a partial settlement agreement. The attorney in Virginia narrows down the issues and only the unresolved matters are brought before the judge. Remember that dissolution processes are expensive; therefore, issues based on the merits of the case have to be taken into consideration.
To settle disputes between the parties, there are some legal tools and the Virginia divorce attorneys refer to it as “Alternative Dispute Resolution”. The spouses are briefed about the ADR by their respective divorce lawyers to explore the possibilities to resolve the case in Virginia.
DECISIONS MADE BY THE VIRGINIA COURTS IN A DIVORCE
Dissolving a marriage may not be simple as it involves a host of issues to be resolved. The major issues to be resolved include alimony, division of nuptial property and child support; these are best handled by a reputed divorce attorney in Virginia. Resolving should not be considered after both the parties reach a specific agreement. It means the spouse may waive some of the rights for the sake of spousal support or division of marital assets, which are to be decided by the court. In such cases, it is important to make your stance clear to your divorce attorney, before approaching the court.
The couple can file for a marriage dissolution without seeking the court’s intervention in the division of marital property or child / spousal support. The parties have to make a conscious decision. The spouses may inadvertently waive their rights for spousal support or equitable distribution; therefore, an experienced divorce attorney in Virginia is needed to weigh down the options and litigate the issues. In such cases, the Law Offices of SRIS, P.C. can be a valuable resource to protect your interest.
The Virginia divorce lawyers resolve issues about visitation, child custody, and spousal support. The issue arises when the spouse has minor children and have to be settled before the final decree is entered. A court proceeding may not be required for property division and spousal support ahead of the final decree. Leave it to a responsible divorce attorney in Virginia and heave a sigh of relief.
The property division in a marriage dissolution is called equitable distribution in the Commonwealth of Virginia and the attorneys work for a fair settlement. In case the parties are inept to agree on the nuptial property, equitable distribution will be initiated as part of the litigation.
Spousal support is also referred to as alimony or maintenance for the spouse. If the concerned parties are unable to reach an agreement on spousal support, the divorce attorney in Virginia can help reach an agreement. The issue is taken to the court as a part of the dissolution process.
JUDICIAL REQUIREMENT FOR DIVORCE IN VIRGINIA
To file for the dissolution of marriage, at least one spouse must be a resident of Virginia for six months preceding the filing. The Virginia law stipulates the domiciliary, meaning 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 serving a divorce complaint. The Complaint is served either by the Sheriff and private server. When one of the spouses lives outside the state of Virginia, there are additional special rules, which need to be adhered to.
TEMPORARY ORDERS BY VIRGINIA COURT
THE VIRGINIA CODE AUTHORIZES THE COURT TO GIVE THE FOLLOWING ORDERS:
- To call for the spouse to pay spousal support
- To order one of the spouses to pay debts
- To pay the spouse to engage an attorney in Virginia or pay for witnesses
- To prevent the spouse from containing the personal liberties of the other
- To provide visitation, child custody, and health coverage
- To allow the spouse possession of the home or exclusive usage during the pendency of the litigation
- To preserve the assets of the spouses from being dissipated or wasted
- To obligate the spouse to provide security abiding the court order
- To facilitate the spouse to maintain the present life insurance policies including that of the children’s and allocate the premium costs for such policies
The court may also expel a family member of the spouse from a joint residence on the other spouse’s request fearing physical harm
Domestic violence is a significant 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 divorce attorney in Virginia. The lawyers at The Law Offices of SRIS, P.C. have immense experience in the field to protect your interests.
PROTECTING FROM DOMESTIC ABUSE
OVERVIEW OF PROTECTIVE ORDERS:
Three different protective orders are issued in Virginia, which are emergency protective order, preliminary protective order, and final protective order.
- Emergency protective order: It is valid for 72 hours and is issued after the first report of abuse.
- Preliminary protective order: It gives the victim exclusive possession of a home, common vehicle, and temporary child custody. It is requested before the emergency order expires. The hearing can be done ex parte, meaning the accused need not be present and can be moved by your divorce attorney in Virginia.
- Final protective order: It has the same elements of the preliminary and emergency protective order. The accused has to be present for this order to defend the case along with his / her divorce attorney in Virginia. This order may be upheld for two years.
Do not hesitate to engage a reliable domestic violence divorce attorney in Virginia if you are a victim of abuse. If you are defending the protective order in Virginia, the lawyers can successfully defend your case.
DO I HAVE TO GO TO COURT FOR A DIVORCE?
Divorces are a tiring process, but a mutual agreement under the guidance of an experienced divorce attorney in Virginia need not require visits to a family court if all the documents are submitted. An attorney provides legal assistance throughout the process. The divorce attorneys in Virginia are widely known for their services at the most reasonable prices.
In an uncontested marriage dissolution, a resolution contract is signed between the spouses, stating all norms that are applicable following the divorce; especially matters relating to child custody, spousal support, and division of assets and debts. A divorce attorney in Virginia must be capable of aiding couples in drafting these settlement agreements with terms favorable to the client. After this, the defendant will be asked to sign a waiver, accepting all clauses and dispensing all rights to receive services and notifications from the court regarding the case, unless there are changes or developments. The attorneys in Virginia update the clients about the progress of the case at the court.
CONTESTED MARRIAGE DISSOLUTION
When a couple is unable to come up with solutions unanimously, the court along with the divorce attorneys in Virginia will step-in to resolve matters and bring in mutual consent between the parties. All matters adjudicated before the trial at the court are clubbed together in a partial consensus agreement that summarizes all issues that are to be laid out at the court. It gives a better understanding of the situation and minimizes risks such as prolonged judicial proceedings. A divorce attorney enlightens the clients on all the options that are available legally to control and ensconce all disputes.
LODGING A COMPLAINT
The first step to file for a marriage dissolution is to submit a Complaint which is merely a document stating necessary details of the couple. The divorce attorney in Virginia will handle this task. The Virginia divorce lawyer then collects appropriate proofs and attaches along with these forms validating the facts mentioned in the complaint copy. The divorce attorney in Virginia will look into the authenticity and fairness of the papers presented, as only legitimate identification and address proofs will be considered at the court.
When the court acknowledges the complaint registered, a summons is issued, which is nothing but a notice for the other spouse to appear during the next trial. After the signing of the waiver, the final decree, which is the final step towards getting a marriage dissolution, is prepared. The divorce attorney in Virginia does all the paperwork to make the process easier.
For residents of Virginia, court hearings related to the case can be carried out in a Virginia divorce lawyer’s office in the presence of the notary public and divorce attorneys in Virginia. After the final decree is approved, the judge grants the divorce. Divorce attorneys in Virginia are capable of ably defending their clients, warn them on all short-comings and acquaint them to face all situations.
Residents of Virginia applying for terminating a marriage can opt for resolving the issue in the office of a divorce attorney in Virginia if a settlement is reached. For contested cases, court proceedings cannot be ruled out. In this case, after hearing the lawyers of both the parties, the final decree is granted by the Virginia Judge. The attorneys in Virginia are capable of ably defending their clients, warn them on all short-comings, and acquaint them to face all situations.
The divorce attorney in Virginia is an integral component of all marriage dissolution cases as they enable you to steer clear of all procedures. Above all, the attorney in Virginia looks forward to ending the matrimony fairly. The Law Offices of SRIS, P.C., with their team of knowledgeable and aggressive Virginia divorce attorney, can make a positive impact in your case. The lawyers here maintain strict confidentiality relating to the case and you can rest assured your privacy is safe and secure. Understand your rights in a divorce case and work towards protecting your interests in the long run. Call us today to discuss your case with our veteran divorce attorney in Virginia.
Count on the Law Offices Of SRIS, P.C. to be your divorce attorneys in VA. We are your divorce attorneys in Fairfax County, VA, attorneys in Loudoun County, VA and the rest of VA. C