Divorce Attorney In Fairfax, Virginia (VA)
If you are puzzled as to how a divorce attorney in Fairfax, VA would proceed in your case, you should know that during your consultation, the attorney in Fairfax, VA 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, VA divorce attorney will advise you to go for a divorce. The Fairfax, VA attorney then speaks with you about equitable distribution, a debt repayment plan, child custody, maintenance for the spouse, and child support. A Fairfax, VA divorce 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, VA 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, VA attorney, the divorce complaint can be filed based on the ground that is best suited for your case.
Importance of choosing Divorce Lawyers in Fairfax VA
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 divorce attorney, 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. divorce attorneys in Fairfax Virginia 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, VA for representation has become indispensable. The Law Offices Of SRIS, P.C. divorce lawyers in Fairfax, VA are ready to help their clients in every possible manner. A Fairfax, VA divorce attorney well acquainted with divorce proceedings is the person who should represent your case.
Attorneys explain the grounds for divorce as follows:
With the proper advice of a qualified Fairfax, VA divorce attorney, the divorce complaint can be filed based on the ground that is best suited for your case.
Attorneys point out that the grounds for divorce in VA are desertion, cruelty, domestic violence, adultery, or separation, where the parties have lived separate and apart for a particular period of time.
Attorneys on No-fault Divorce In Fairfax, VA
Your attorney will tell you that to end a marriage, you can sue for divorce based on fault or no-fault in VA. Cases in which one partner does not blame the other for the dissolution of the marital union is a no-fault divorce in VA. 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, according to the attorneys, 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. Attorneys will also let you know that many states allow the parties to live apart for a certain period of time in order to seek a no-fault divorce.
Attorneys on Fault-based Divorce In Fairfax, VA
In fault-based cases, wrong committed by one of the parties is the basis for the divorce in VA. Attorneys explain that 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 VA 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 VA may still be granted on no-fault grounds, since all states offer this choice.
You will also know from your attorneys that fault-based divorces in VA 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. Divorce attorneys make clear that 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 VA court that, you are not at fault in order to have the grounds dismissed, your attorney in Fairfax, VA will work hard to prove your defense and prevent you from being victimized on false grounds.
Attorneys explain the difference between fault-based divorce and no-fault divorce in VA
A no-fault divorce in VA may be granted on grounds including an irretrievable breakdown of the marriage, according to the attorneys. 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, VA, 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.
Attorneys on 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 VA, there should be sufficient evidence strongly establishing the guilt of the spouse involved in an affair. Attorneys expound that 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, VA divorce attorney 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.
Attorney’s explanation on Protection under the Fifth Amendment
Attorneys in Virginia will reveal that 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 VA, 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 VA 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.
Attorney’s clarification on 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.
Attorneys usually come across cases where 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 VA, according to the divorce attorneys in Fairfax, VA.
Attorneys explain annulment of marriage in VA
Another critical issue dealt with by an attorney in Fairfax, VA, 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, VA 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 VA. A common misconception with respect to the basis for annulment, according to the attorneys, 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 VA, explain the attorneys.
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, according to the attorneys.
In the initial meeting with the Fairfax, VA divorce attorney, a client is presented with ample details as to whether an annulment is necessary in his case.
Divorce Attorneys in Fairfax, VA help on settlement during trial
During the trial process, if you wish to settle the matter, instead of going through the trial process, then the Fairfax, VA lawyer will help you to work out terms of the settlement and present it in court, stating that a settlement has been reached.
Child custody described by attorneys
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, VA.
Divorce Attorneys In Fairfax, VA
How Divorce Attorneys in Fairfax, VA handle child custody issues in divorce cases
Usually, in divorce proceedings, a lawyer in Fairfax, VA 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 attorney in Fairfax, VA, will help the family maintain a parent-child relationship.
Most of the divorce clients in Fairfax, VA are not aware that custody can either be legal custody or physical custody. A Fairfax, VA 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 VA and the divorce attorney in Fairfax, VA 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 VA, 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 VA 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. Talk to your attorney to know more!
Divorce Attorneys in Fairfax, VA on the 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, point out attorneys. 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 in Fairfax, VA 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. The efficient divorce attorneys in Fairfax, VA will explain that 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.
Law Offices Of SRIS, P.C. Divorce Attorneys in Fairfax VA elucidate that the absence of a codified code of private international law causes uncertainty as to the validity of foreign divorce decrees.
Why hire a divorce attorney in Fairfax, VA?
The divorce procedure in VA is unique and cannot be usually handled by the client himself. Hence, hiring an attorney in Fairfax, VA when dealing with a divorce in Fairfax, VA will ensure the filing of a divorce in compliance with the relevant laws and will enhance the chances of a favorable order.
All divorces in Fairfax, VA are handled in the Fairfax County Circuit Courts of VA. The Fairfax County Circuit Courts handle all aspects of family law such as equitable distribution, spousal support, etc. The Fairfax County, VA Juvenile & Domestic Relations District Courts and Fairfax County Circuit Court of VA can hear child custody cases. The Fairfax County Circuit Courts in VA can also hear appeals of child custody cases from the Fairfax County Juvenile & Domestic Relations District Courts of V and also adjudicate child custody cases that are part of an original divorce filing in the Fairfax County Circuit Courts of VA. The Fairfax County Circuit Courts of VA also hear appeals of VA protective orders and VA domestic violence cases from the Fairfax County Juvenile & Domestic Relations District Courts of VA.
The Fairfax attorneys of the Law Offices Of SRIS, P.C. in VA routinely assist clients who need help with a divorce case in Fairfax. We are your attorneys in Fairfax County, VA, attorneys in Fairfax City, VA. If you are seeking the best divorce attorney in Fairfax, VA, then we urge you to consider our Fairfax attorneys at our Fairfax, VA office for help.
Count on us to be your divorce lawyer in Fairfax, VA, child custody lawyer in Fairfax, VA, child visitation lawyer in Fairfax, VA, child support case lawyer in Fairfax, VA, protective order lawyer in Fairfax, VA or help you with any other type of family law case in Fairfax, VA.
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
Fairfax General District Court
410 Chain Bridge Road 1st & 2nd Floor
Fairfax VA 22032
Speak today with a Fairfax attorney – Call 888-437-7747. Our Fairfax attorneys are here to help you. Discussing your case with a Fairfax divorce attorney will relieve your stress. Our Fairfax office is only a mile from the Fairfax County Courts, VA.
We are your divorce attorneys in Fairfax County, Virginia, Herndon, Virginia, family law attorneys in Tysons, Virginia, family law attorneys in Reston, Virginia, family law attorneys in Vienna, Virginia, family law attorneys in Springfield, Virginia, and family law attorneys in Great Falls, Virginia.
Speak with a Law Offices of SRIS, P.C. Fairfax, VA Attorney today for help.