If you are one of those people who is wondering why the number of divorce cases in Fairfax County is more than any other county in the state of Virginia, then you should understand that Fairfax County has the largest population in the state:
The legal termination of marriage between the parties is a divorce and this process is carried out in a court of law.
Most of the lawyers practicing family law in Fairfax are often asked the question as to which divorce is time-consuming and are told uncontested divorce are more easy to obtain than a contested divorce. A contested divorce is time consuming due to the disagreements between the parties on various issues such as classification of property as marital property, separate property, hybrid property and the distribution of the same. Parties in a contested divorce are unable to reach a settlement on the conflicts involved and can worsen the situation by trying to represent themselves.
Self-representation by parties in a divorce case in order to save money can be extremely damaging as the party without counsel can make serious tactical errors and cause even further harm to themselves. In complete contrast to a contested divorce, in an uncontested divorce proceeding, the parties reach a quick settlement without any delay. Issues that are mutually agreed in an uncontested divorce to include spousal support, child support, child custody, property division.
Virginia is at times called a no-fault divorce state as the parties filing for divorce need not have a ground to file divorce. The divorce may be filed without any ground or allegation against the other party. Compared to other counties, divorce in Fairfax is easier to obtain and the Fairfax divorce system follows the exact same divorce procedures as the rest of the Commonwealth of Virginia.
Similar to the procedure given in Virginia laws, Fairfax County provides parties with the option to file for two kinds of divorce, absolute divorce, and limited divorce. You are probably wondering then as to the difference between these types of divorces. In an absolute divorce, the parties intend to end their marriage permanently thus providing the other party the freedom to choose another partner.
Contrary to an absolute divorce, in a limited divorce, the parties do not end their marriage permanently and the parties are actually separated from each other for a specific period of time by a court order. In a limited divorce, the parties are not allowed to start a new relationship outside the marriage. This condition in a limited divorce becomes invalid if the parties proceed to file for absolute divorce after the expiry of the separation period ordered by the court.
Though Fairfax County allows the filing of no-fault divorce, some conditions need to be fulfilled for such filing. The conditions include that one of the parties is a resident of Virginia for at least six months prior to filing the divorce. Legal separation of six months is a mandatory condition to be complied with where the parties have no children.
This separation period extends to 12 months if the spouses have children. Legal separation is ordered when parties have entered into an agreement about complicated issues like child custody, property division, and child support. The separation ordered by the court in such cases is temporary and is ordered so that all future proceedings go on without any major disagreement between the parties. Fairfax is chosen by most couples to file divorce as it is easy to obtain a divorce here.
The existence of an excellent case management system that supports the divorce process encourages people to file for divorce in Fairfax. The presence of calendar control in Fairfax is very useful for divorce cases. This allows motions to be heard every Friday. The speedy hearing procedures that enter emergency custody orders immediately makes Fairfax courts one of the most sought after courts for a divorce in Virginia. A lawyer who regularly practices family law in Fairfax will attest to the fact that Fairfax is one of the best counties to file a divorce in Virginia.
Mr. Sris has assisted numerous clients with obtaining a Fairfax divorce and divorce in other parts of Northern Virginia. He has assisted a significant amount of Indian clients with issues that are unique to Indian clients. Furthermore, based on his understanding of the South Asian culture, he is very comfortable assisting clients from India and Pakistan.