Divorce Attorneys Fairfax VA Virginia Divorce Lawyer Fairfax

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The increase in marital discord in Fairfax, Virginia has surged the demand for divorce attorneys in Fairfax, Virginia experienced in dealing with complications relating to family law in Virginia. If you are perplexed about divorce issues with your spouse in Fairfax, Virginia, choosing the best divorce attorney in Fairfax, Virginia is critical. As matrimonial difficulties involve a lot of emotions, it should be handled with patience. Handling a matrimonial dispute without expert advice from a skilled divorce attorney in Fairfax, Virginia will result in severe hardship. Choosing a Fairfax, Virginia lawyer, who would deal with your divorce case with the utmost care, will determine the outcome of your case. The Law Offices Of SRIS, P.C. attorneys in Fairfax VA who focus on matrimonial law, provide their clients with meticulous information on their case.

In today’s fast-paced society, work and personal life are rushed and blended resulting in a feeling of disorientation. The complexity is such that one finds no time to participate in divorce hearings, so hiring a skilled attorney in Fairfax, Virginia for representation has become indispensable. The Law Offices Of SRIS, P.C. divorce lawyers in Fairfax, Virginia are ready to help their clients in every possible manner. A Fairfax, Virginia lawyer well acquainted with divorce proceedings is the person who should represent your case.

Divorce Attorney In Fairfax,Virginia

If you are puzzled as to how a divorce lawyer in Fairfax, Virginia would proceed in your case, you should know that during your consultation, the attorney in Fairfax, Virginia would provide his objective insight. If he is of the opinion that forcing you to continue in a miserable marriage will do you no good, the Fairfax, Virginia lawyer will advise you to go for a divorce. The Fairfax, Virginia attorney then speaks with you about equitable distribution, a debt repayment plan, child custody, maintenance for the spouse, and child support. A Fairfax, Virginia lawyer will ensure that the proceeding is convenient for you, thus reducing the mental stress associated with the termination of the marital relationship.

Then the Fairfax, Virginia attorney prepares the divorce documents in a foolproof manner, makes persuasive efforts to arrive at a settlement that will be most helpful to the client, and actively serves the client’s interest in securing a favorable order in court.

With the proper advice of a qualified Fairfax, Virginia attorney, the divorce complaint can be filed based on the ground that is best suited for your case.

The grounds for divorce in Virginia are desertion, cruelty, domestic violence, adultery, or separation, where the parties have lived separate and apart for a particular period of time.

Grounds for divorce are as follows

With the proper advice of a qualified Fairfax, Virginia attorney, the divorce complaint can be filed based on the ground that is best suited for your case.

The grounds for divorce in Virginia are desertion, cruelty, domestic violence, adultery, or separation, where the parties have lived separate and apart for a particular period of time.

No-fault Divorce In Fairfax, VA

To end a marriage, you can sue for divorce based on fault or no-fault in Virginia. Cases in which one partner does not blame the other for the dissolution of the marital union is a no-fault divorce in Virginia. In these cases, there is no necessity to prove either party’s guilt. Popular no-fault grounds are irreconcilable discrepancies, the irreversible breakup of the marriage, irremediable dissolution of marriage, or incompatibility of temperament. These grounds suggest that the marriage is over, but neither of the spouses is accused of any misconduct. All states have the option of no-fault divorce. Many states allow the parties to live apart for a certain period of time in order to seek a no-fault divorce.

Fault-based Divorce In Fairfax, VA

In fault-based cases, wrong committed by one of the parties is the basis for the divorce in Virginia. Failure of the marriage may be caused due to adultery, impotence, or homosexuality of the other party which was omitted from the discussion before the union. The other reasons for fault-divorce include infliction of violence, the commission of adultery, victimized by cruel acts of one spouse, physical or mental incapacitation, abandonment, and imprisonment. These grounds are found in the divorce provisions of most of the states. In the event of a fault-based termination of marriage, the Virginia courts require proof of the alleged grounds. If the fault of the spouse cannot be proven or if the accused spouse defends the claim successfully, divorce in Virginia may still be granted on no-fault grounds, since all states offer this choice.

Fault-based divorces in Virginia can be obtained easily if the grounds are validated by proof. Some states take into account the misconduct of the spouse when making decisions on the division of marital and separate property and for awarding alimony. Fault-based cases are preferable if a quick divorce is necessary and the accusing party has sufficient evidence of misconduct. This type of divorce is granted without the default waiting period that is followed in cases where the parties are ordered to live apart for a specific number of months before the divorce is finalized.

If your spouse opted for divorce and if there is a defense available, you can persuade the Virginia court that, you are not at fault in order to have the grounds dismissed, your lawyer in Fairfax, Virginia will work hard to prove your defense and prevent you from being victimized on false grounds.

If your spouse opted for divorce and if there is a defense available, you can persuade the Virginia court that, you are not at fault in order to have the grounds dismissed, your lawyer in Fairfax, Virginia will work hard to prove your defense and prevent you from being victimized on false grounds.

Know the difference between fault-based divorce and no-fault divorce in VA

A no-fault divorce in Virginia may be granted on grounds including an irretrievable breakdown of the marriage. Irreconcilable differences and incompatibility between the parties are also other bases for grant of no-fault divorces. If the spouses are not living together and their relationship brushed beyond repair and if they want to explore life afresh, then a no-fault divorce is opted. In this, neither party shall be held responsible for the failure of the marriage.

If you consult a divorce attorney in Fairfax, Virginia, he will clarify if there is any advantage in ending the marriage on the basis of guilt. It could be important when deciding whether spousal support should be necessary or how much help will be given.

Evidence in divorce cases in VA

Evidence supporting adultery as a ground for divorce

If a spouse intends to terminate a marriage due to adultery in Virginia, there should be sufficient evidence strongly establishing the guilt of the spouse involved in an affair. Clients usually give an emotional account of incidents detailing their spouses’ extramarital affairs but in these situations, the victimized spouse’s emotions have to be kept aside and the focus should solely be on the accumulation of sufficient proof against the wrongdoer. The Fairfax, Virginia lawyer may ask the client for documents that serve as solid evidence of the affair including text messages, Whatsapp messages, Facebook messages, emails, and phone call records. The presence of photographs of the wrongdoer with the paramour on the mobile and other posts on social media would corroborate the adultery allegation. Any photos provided by a private investigator will also help prepare a foolproof complaint. The spouse’s bank statements and credit card statements indicating the expenditure incurred for the paramour serves as additional proof.

Protection under the Fifth Amendment

The Fifth Amendment to the U.S. Constitution provides that “No person ‘ shall be compelled in any criminal case to be a witness against himself.”

In twenty-two states in the United States, adultery is classified as a crime. In Virginia, adultery is punishable as a misdemeanor. As adultery is punishable as a criminal offense, the accused is protected against self-incrimination that can be used in the divorce case. If adultery is established by sufficient proof in a case involving termination of marriage and by any admission made by the accused, these proceedings may be used against him in his criminal proceedings. This possibility affords him the right to remain silent for any accusations about adulterous conduct during the marriage. Proving adultery in a Virginia Court is a challenging task that can be made easier by the admission of the wrongdoer. This is where the protection afforded by the Fifth Amendment comes in to play and if the spouse is questioned in court about the affair, he/she is provided with the right to be protected by the Fifth Amendment. This protection indicates that the spouse may not provide any information about the alleged affair and may simply plead the Fifth Amendment.

Economic abuse as a ground for divorce in VA:

In today’s busy world, usually both the husband and the wife are engaged in different employment sectors and are gainfully employed. Economic abuse is prone to occur when one spouse earns more than the other or when one party solely controls the finances of the family. If a person is a victim, he/she becomes under-confident and begins to believe that they cannot manage the finances individually and the dependence on the controlling spouse increases with every passing day.

Some individuals who suffer from the fear of being abandoned by their spouse control the finances as a means to ensure that the victimized partner remains in the marriage. The manipulation tactics used by such individuals can be highly threatening to the spouse who has been victimized throughout the marriage. The most popular definition for domestic violence is a pattern of behavior and a method of control in which one person dominates other members of the family by physical violence and/or psychological abuse. Being a victim of economic control is a clear sign of a harmful marriage. In situations where one spouse expressly forbids the other spouse from joining gainful employment, it is a sign of economic abuse. The spouse in this case wants his partner to remain dependent on him for all her basic needs and necessities. The situation of economic abuse is difficult to prove and the courts do not grant divorce solely based on financial abuse. Financial abuse combined with any other domestic violence is a valid case for divorce in Virginia.

Annulment of marriage in VA

Another critical issue dealt with by an attorney in Fairfax, Virginia, is annulment, where there are marital defects. A defect in marriage occurs when a legal provision may have been violated, proper paperwork may not have been completed, or a proper ceremony may not have been performed to make the marriage legal.

An attorney in Fairfax, Virginia will discuss with the client whether the annulment of a marriage is preferable to a divorce. This aspect will protect the client from going through a tough divorce process. The divorce attorney also informs you that an annulment is a court decision that nullifies a marriage and that it is a legal procedure. In an annulment, marriage is not merely dissolved, but is handled as if it had never technically existed.

As in the case of divorce, the partners return to their previous single status, leaving them free to enter into a valid marriage. There are specific grounds for seeking an annulment in Virginia. A common misconception with respect to the basis for annulment is that the duration of the marriage is liable for the annulment of a couple. The length of a marriage is unrelated to the annulment of a marriage.

Whether a couple has been married for one week or many years, the couple can only qualify for annulment if they meet the criteria set out in the statutory requirements of their state. Grounds for annulment include deception and fraud in Virginia.

An annulment can also be given on the grounds of incest, failure to consummate the marriage, near blood relationship between spouses, or minor marriage. The length of the marriage is not a qualifying factor. Annulment is much harder to obtain than a divorce.

In the initial meeting with the Fairfax, Virginia attorney, a client is presented with ample details as to whether an annulment is necessary in his case.

During the trial process, if you wish to settle the matter, instead of going through the trial process, then the Fairfax, Virginia lawyer will help you to work out terms of the settlement and present it in court, stating that a settlement has been reached.

Clients who have children are extremely concerned because of the complexity of child custody. You need not worry about child custody if you’ve got an accomplished lawyer in Fairfax, Virginia.

Divorce Lawyer In Fairfax, VA

How Divorce Lawyers in Fairfax, Virginia handle child custody issues in divorce cases

Usually, in divorce proceedings, a lawyer in Fairfax, Virginia deals delicately with issues of child custody, child support, and visitation rights. When there is a child, every parent wants to do everything possible to ensure that they can spend time with their children and play a vital role in their care and upbringing.

An accomplished child custody lawyer in Fairfax, Virginia, will help the family maintain a parent-child relationship.

Most of the divorce clients in Fairfax, Virginia are not aware that custody can either be legal custody or physical custody. A Fairfax, Virginia attorney will give a clear explanation about the proceedings to obtain custody. Legal custody concerns the control of the child, the care of the children, and being conferred with the authority to make important decisions about the well-being of the child. These important decisions include decisions on the child’s health, education, and religion. Legal custody may be joint or sole in Virginia and the divorce attorney in Fairfax, Virginia requests joint custody in cases where sole custody may not be granted.

Physical child custody is about a child’s day-to-day life and living condition. Physical custody of the child determines where the child will reside upon the dissolution of the union. In your separation agreement in Virginia, you will decide who will be the “custodial” parent and who will be the “non-custodial” parent.

The custodial parent is the primary caregiver with whom the children live, while the non-custodial parent retains the rights of visiting the children. The child custody arrangement will be reached through a signed contract known as the Virginia parenting plan. Such signed arrangements enable parents to enforce their rights to see children if one parent behaves in a manner that is contrary to what they agreed to do. The details of the parenting program are included in the divorce papers.

Recognition of the US Divorce Order in countries like India

When someone files for divorce in the United States but was married in a foreign country like India, the relationship between the laws on divorce in both countries decides the proceedings. In India, if foreign laws and procedures are involved, different rules are applicable. General Principle of Law (Section 13 CPC) says that a foreign divorce decree is recognized and final and valid in the courts of India unless the decree is legally defective under the general law and the law on divorce.

An Indian couple may face marital discord after reaching the United States. The reasons for such disputes could be adultery, domestic abuse, financial problems, if one partner intentionally fails to provide transparent disclosure of the finances, it is a ground for divorce.

Indians applying for divorce in the United States are unsure about the validity of the decree in India. In both nations, there are some rules and principles that decide the validity of the divorce decree. In this situation, the concept of the Comity of Courts’ is applicable. Tribunals in different countries grant probity to decisions of foreign courts. Understandably, courts around the world are adjudicating the rights of the parties and showing mutual respect.

This principle was first laid down by the Court of England and subsequently adopted by the Supreme Court of India in a popular case. In that case, the Supreme Court observed that it is the duty of all courts in all countries to do everything they can to ensure that the wrongdoer does not benefit from his wrongdoing.

The absence of a codified code of private international law causes uncertainty as to the validity of foreign divorce decrees.

The divorce procedure in Virginia is unique and cannot be usually handled by the client himself. Hence, hiring an attorney in Fairfax, Virginia will ensure the filing of a divorce in compliance with the relevant laws and will guarantee a favorable order.

All divorces in Fairfax, Virginia are handled in the Fairfax County Circuit Courts of Virginia. The Fairfax County Circuit Courts handle all aspects of family law such as equitable distribution, spousal support, etc. The Fairfax County, Virginia Juvenile & Domestic Relations District Courts and Fairfax County Circuit Court of Virginia can hear child custody cases. The Fairfax County Circuit Courts in Virginia can also hear appeals of child custody cases from the Fairfax County Juvenile & Domestic Relations District Courts of Virginia and also adjudicate child custody cases that are part of an original divorce filing in the Fairfax County Circuit Courts of Virginia. The Fairfax County Circuit Courts of Virginia also hear appeals of Virginia protective orders and Virginia domestic violence cases from the Fairfax County Juvenile & Domestic Relations District Courts of Virginia.

The attorneys of the Law Offices Of SRIS, P.C. routinely assist clients who need help with a divorce case in Fairfax. We are your attorneys in Fairfax County, Virginia, attorneys in Fairfax City, Virginia. If you are seeking the best divorce attorney in Fairfax, Virginia, then we urge you to contact our attorneys at our Fairfax, Virginia office for help.

Fairfax County Circuit Court - All divorce filings @ Fairfax Clerk's Office 3rd Floor

4110 Chain Bridge Road 4th & 5th Floor
Fairfax, Virginia 22032

Fairfax County Juvenile & Domestic Relations District Court - All child custody petition filings @ Fairfax Clerk's Offie 3rd Floor

4110 Chain Bridge Road 4th & 5th Floor
Fairfax, VA 22032

No Fairfax divorce filing or Fairfax child custody petitions are filed in Fairfax County General District Court

Our divorce attorneys in Fairfax, VA will ensure that your divorce paperwork is filed properly and is ready to serve as your advocate for your benefit. Be certain that the divorce lawyer in Fairfax, VA you employ has handled all types of family law cases such as custody cases, relocation cases, child support, etc. A professional Fairfax divorce lawyer can supply you with a case-specific option to assist you with your Fairfax Divorce Case.

Things to Ask a Divorce Lawyer In Fairfax, VA When collecting your ideas and documents:

Consider what you will want to ask the divorce attorney in Fairfax, VA. Bear in mind that you do not need to hire the first Fairfax divorce lawyer you consult with. First and foremost, you need to hire a law firm that has divorce attorneys in Fairfax, VA that you like and trust. A family law attorney in Fairfax, VA will attempt to deal with any concerns that you might have your situation or about implications generally and will answer all queries. An experienced domestic relations attorney will always be ready for your hearings.

Our lawyers take a team approach to our clients’ cases and often meet to strategize about our clients’ cases. Filing for a dissolution of marriage yourself or employing an on-line service may cost you more money in the long run although some people today believe they don’t have to employ a domestic relations attorney. You may want to make sure your Fairfax County Divorce lawyer is knowledgeable about dissolution of marriage cases in general and more importantly how Fairfax Circuit Court handles divorces and the specialized process that Fairfax County Circuit Courts use to manage dissolution of marriage cases. Things like calendar control, expedited custody hearings, Friday motions hearings and two week motions hearings.

The lawyer will help you to develop a strategy on how to prevent the children from testifying in court so that the two of you can minimize the impact on the children. Your attorney should have the know-how of how to deal with the complicated analysis that’s sure to be a part of your case. The attorney will also help you in reaching a decision on who should pay or get the support. Considering the unfamiliarity surrounding the process for dissolving your marriage and all the language, it can be tough to understand what to search for in a Fairfax family law lawyer. Our Fairfax family law attorneys will permit you to understand your child support rights and obligations.

Your lawyer should have the ability help you ensure your rights are guarded and to counsel you on the best options for your specific circumstance. It’s also important to locate an attorney who has experience practicing complex family law cases. You don’t want an attorney who dabbles in Fairfax divorce cases. Fighting a dissolution of marriage can frequently be traumatic, and having a proficient lawyer helping you can be a relief.

The Law Offices Of SRIS, P.C. is here to assist you during your Fairfax divorce proceedings. It’s simple for someone unfamiliar with the law to create more problems for themselves. The Law Offices Of SRIS, P.C. Fairfax Divorce Lawyers can help you through your divorce in Fairfax, Virginia and answer any queries that may have before making the decision that is last.

You should get in touch with one of our talented Divorce attorneys in Fairfax, VA if you want to obtain a divorce in Fairfax, Virginia. If you are thinking about ending the bonds of matrimony, it does not mean you have to spend plenty of money and time on it. It doesn’t hurt to talk to a divorce attorney first if you’re just considering obtaining a divorce. Ending the bonds of matrimony can be messy, so make certain to equip yourself with an experienced domestic relations lawyer. Where a contested divorce can take many months or perhaps a year to completely resolve everything, an uncontested divorce can be addressed in a couple of months in some cases.

Obtaining a feeling of how much of a battle you anticipate and what divisions of assets and liabilities have to be resolved will help your family law attorney in Virginia determine the strategy that is going to work best for you. Since you don’t know definitively know which sort of divorce to choose, you have to discover what your divorce might entail, to begin with. Ending the bonds of matrimony is something which you do not plan for, but if it happens you have to be ready. A dissolution of marriage is the legal procedure for ending the legal union made by marriage. There’s no denying the truth that dissolution of marriages are trying.

When you and your partner decide to end your marriage, there is often a lot of stress. Naturally, you cannot control what your partner does. If one partner was the breadwinner, the spouse could be concerned for their future.

When deciding on a divorce lawyer in Fairfax, VA, consult with a number of lawyers to determine who the best fit is for you. Before selecting a law firm or lawyer, be sure to talk directly preferably the attorney who will be accountable for handling your case.

Count on us to be you divorce attorneys in Fairfax, VA, family law attorneys in Fairfax City, VA, family law attorneys in Prince William, VA, family law attorneys in Loudoun, VA, family law attorneys in Arlington, VA, family law attorneys in Alexandria, VA, family law attorneys in Stafford, VA, family law attorneys in Spotsylvania, VA, family law attorneys in Fredericksburg, VA, divorce lawyers in Fairfax, VA, family law attorneys in Culpeper, VA and all throughout Virginia.