Family lawyer in Virginia
Marriages are long-time commitments that are legalized after several legal procedures. A family lawyer Virginia can elaborate on the processes involved in legalizing matrimonies. But not all marital break-ups make it to the end. Spouses, who fall out of love and trust, are likely to apply for divorce. A family lawyer Virginia can help with terminating a once successful marriage by petitioning for a divorce on behalf of the separation-seeking couple. If a couple finds the marriage non-functional and inappropriate right from its start, contact the Law Offices of SRIS, P.C. and meet our family lawyer Virginia to discuss a strategy.
The requirements for finalizing a marriage
Not every two individuals are eligible to get married in Virginia. A family lawyer Virginia would initially ensure that the applying parties are officially qualified to enter into a marriage.
The following are some of the attributes that make a Virginian citizen ineligible for marriage.
- The person is below the legal age of 18. But several exemptions apply to this rule. A family lawyer Virginia can help with legalizing marriages for the individuals, who are either 17 or 16 years of age, provided the latter have written or verbal consent for the same from the parents.
- If a person is presently married to another individual since bigamy is considered unlawful in Virginia.
- If both the parties are biologically related to each other. A family lawyer Virginia can never be able to assist in marrying individuals to their aunts/uncles, children, siblings, or cousins.
- If an individual lacks the physical or mental ability to render voluntary and non-influenced consent for marriage.
The requirements for a marriage license in Virginia
If couples meet the requirements described above, they can proceed to apply for a marriage license with the help of a family lawyer Virginia. A family lawyer Virginia would apply for this license for the uniting couple before the actual wedding date. The marriage license is a provision that legalizes wedlock. A family lawyer Virginia would be aware of the benefits of holding a legitimate marriage license. For instance, when people opt to acquire family insurance, they will be required to submit these marriage licenses to validate their marital status. A marriage license serves as legitimate proof to indicate that the couples, who have applied for the insurance are lawfully married and are qualified for obtaining the sought insurance benefits.
A family lawyer Virginia can help both native and non-native couples in acquiring marriage licenses. Once when the license is approved, the couple will be bound to perform the wedding ceremony within 60 days from the date of license issuance.
Divorce and its grounds
Marriages can remain successful forever or fail midway. Divorces can be filed on several grounds. But a family lawyer Virginia would categorize these grounds under two categories, namely fault-based or no-fault grounds. If a serious civil or criminal violation stands as a cause of the sought separation, the divorce is entitled to be processed on fault-based grounds. On the other hand, if the couple mutually agrees to part ways for good as a result of falling out of love, the divorce becomes uncontested and the paperwork is processed based on no-fault grounds. A family lawyer Virginia can aid uncontested couples in negotiating fair settlements.
A family lawyer Virginia is aware of the fact that the processing of a divorce petition is regulated by a certain set of conditions.
A couple officially qualifies for divorce only based on the following grounds.
- If one or both the marital parties are proven to be involved in infidelity or sodomy.
- If a marital party was proven guilty of a felony in Virginia and was eventually sentenced to prison for a minimum of 12 months.
- If one of the spouses abused or hurt the other.
- If one of the marital partners intentionally deserted the other for a minimum of 12 months.
- If the couple was found to have resided separately for a minimum of 6 months.
When it comes to the 1st four grounds of divorce, the petitioning spouse will be entitled to submit appropriate validations. The plaintiff spouse can use the assistance of an experienced family lawyer Virginia to justify the stated grounds for the requested divorce. In the case of the lastly mentioned ground, neither of the spouses is to be blamed and the hired family lawyer Virginia would generally approach the sought separation petition as an uncontested divorce.
Apart from these 5 grounds, there is a basic residential requirement for the processing of a divorce. A family lawyer Virginia ensures whether the petitioning marital party was a resident of the state for a minimum of 6 months before filing the necessary paperwork.
The processing of a divorce
Once when the grounds of the separation are identified and established, Virginia family lawyers would provide suggestions for pre-settlement negotiations. If the couple fails to achieve consensus on the terms of the divorce even after any number of negotiations, the court intervenes. The separation-requesting spouse is entitled to serve the other spouse with divorce papers. Virginia family lawyers can help with summoning a spouse for court hearings. The spouses, who receive the summons, are entitled to reach out to experienced Virginia family lawyers to obtain legal guidance for facing these issues. A family law lawyer Virginia can assist a spouse in responding to a court summons in the right ways. An appropriate answer should be delivered in response to the acquired summons within 21 days from the date at which the paperwork for the same was delivered. If a spouse fails to render an answer within 21 days, the court is free to act on its own and the complaint is therefrom considered true.
A couple will also be obligated to look into the other major requirements of the separation with the guidance of a family lawyer Virginia. A knowledgeable family lawyer Virginia can direct couples through every requisite of the divorce diligently. One of the most crucial consequences of a matrimonial termination is the need to divide marital assets between the separating spouses. A family lawyer Virginia can never guarantee equal division of properties in all cases. The Virginian divorce law recognizes equitable portioning of assets. Thus, Virginia family lawyers would initially gather detailed information on the properties collectively owned by the couple.
The following factors influence asset division.
- The duration of the marriage
- The age, physical, and mental health of each marital party
- The probable effects of tax and other financial provisions on the partners, post-divorce
- The mode of acquisition of each considered property
The significance of Virginia family lawyers
The need for a personal family law lawyer Virginia depends on the specifications of each case. Several couples require the assistance of a family law lawyer Virginia while getting married. An uncontested divorce does not mandatorily need the guidance of a family law lawyer Virginia. But the company of a skilled family law lawyer Virginia becomes irresistible when the couple retains a prenuptial agreement.
The Law Offices of SRIS, P.C. divorce lawyers are highly efficient in resolving separation-related consequences like property division, child custody, alimony, etc. Several Virginian legal offices offer free basic legal consultations. It is only prudent to make ultimate use of these cost-free opportunities to thereby acquire the necessary legal awareness and ensure desired results.
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