A marital split-up is known to be mentally and physically tiring, but along with these personal stresses, there are a few legal requirements as well. The assistance of a reputed law firm can help resolve matters quickly and remember that the Law Offices of SRIS, P.C. is a name to reckon with. Our divorce lawyers in Ashburn, VA can assist in meeting the requirements. Parting couples are likely to be flummoxed about the rights and provisions available to them. Divorce lawyers in Ashburn, VA can provide the necessary clarifications on the doubts and queries of the clients. Discussed herein are a few laws that are declared important by divorce lawyers in Ashburn, VA for the dissolution of matrimony.
Grounds for divorce
First and foremost, divorce lawyers in Ashburn, VA would ensure whether the marital party is clear about the grounds of separation. Divorce lawyers in Ashburn, VA are prone to meet clients, who come up with various reasons to revoke marriages. But the court does not approve divorce requests that are filed on the grounds of petty and non-legitimate reasons. In particular, the Virginia law acknowledges 4 main grounds for contested dissolution namely; desertion, post-marriage felonious prosecution that eventually resulted in the incarceration of the accused spouse for at least 12 months, extra-marital relationships, and cruelty. While handling contested matrimonial terminations, the divorce lawyers in Ashburn, VA should ensure that the couple lived separately for a minimum of 6 months before the commencement of the legal procedures. But in the case of no-fault marriage dissolution, the period of separation is one year.
Child custody and visitation – Guidelines
Divorce lawyers in Ashburn VA can guide couples in deciding appropriate child support schedules, regardless of the court (be it juvenile, circuit, or domestic relations court) that is eventually expected to prosecute the lawsuits. But while proposing patterns of child visitation, the divorce lawyers in Ashburn, VA will be entitled to follow a definite set of guidelines in almost all cases. Most importantly, the custody of children is decided by rendering maximum attention to their welfare. The divorce lawyers in Ashburn, VA can expect judgments that do not comply with these guidelines in cases wherein the considered child needs special attention and requirements.
Divorce lawyers in Ashburn, VA do not necessarily follow a preconceived set of guidelines while planning spousal support, unlike in the case of child support. But the law has recognized a flexible set of regulations that serve as references to divorce lawyers in Ashburn, VA for formulating terms of alimony. This set of regulations lists down multiple factors and possible solutions for each spousal support concern to help couples and divorce lawyers in Ashburn VA in drafting conditions for alimony.
Distribution of assets
Divorce lawyers in Ashburn VA face various challenges while proposing plans for property distribution. Experienced divorce lawyers in Ashburn, VA are cognizant of the ways with which courts classify the properties of a couple under 3 categories, namely separate, hybrid, and marital. Divorce lawyers in Ashburn, VA would consider the following set of properties as separate assets:
- Properties that were owned or purchased by an individual before marriage.
- The assets that were inherited or obtained as gifts by a person from a third party outside marriage.
- The income that is generated from a separate asset.
Separate assets are not subjected to division during dissolution. Divorce lawyers in Ashburn, VA would regard all properties that were jointly purchased by the couple after marriage as marital properties. These marital assets undergo equitable distribution during asset division.
There can also be cases wherein a once purchased separate property generated income or increase in value due to the joint efforts (monetary or non-monetary) of its owners and their spouses during the duration of the marriage. This category of assets is officially recognized as hybrid assets. These hybrid assets undergo fair divisions during marriage termination.
The debts and loans that were jointly acquired by a couple during the duration of marriage are also considered for separation in a marital split-up. The courts ensure that each spouse obtains an equitable share of assets and is simultaneously responsible for bearing a fair portion of debts after the revocation of a marriage. The Law Offices of SRIS, P.C. can help in finding the best solution.