Herndon Divorce Lawyer Virginia Indian Divorce

Reasons for divorce in Herndon, Virginia

Virginia’s divorce laws allows for a fault based divorce and no fault divorce.

The reasons for divorce are:

  • adultery (“cheating”)
  • desertion (giving up marriage and leaving)
  • cruelty (usually physical abuse).

The reasons for a no fault dissolution of marriage are:

Based on living separate and apart for a required legal period, which is normally one year. You don’t have to be separated for a year to file a divorce based n fault.

Many divorces in Herndon that start as a fault based dissoultion of marriage are changed to no fault by the time parties resolve their case, as the fault at the time of separation has no financial impact on the otherwise agreed outcome. Parties who have no minor children and who have a fully written and signed and notarized settlement agreement to settle all of their marital issues can file a divorce without fault after six months of continuous separation. One area where clients are often confused is the difference between “no fault” and “uncontested” divorces.

Although a divorce filed on separation grounds is usually also undisputed, this can sometimes be the case if the parties do not agree on whether they have been separated for the required period of time. “No fault” means that it is not necessaryis to blame the other party, while “uncontested” means that the other party agrees that the alleged reason is true.

Important defenses are often available to a party accused of fault. For example, a party who has left an abusive relationship may have abandoned the marriage, but that person may have been entitled to leave the marriage.

Divorce lawyer in Herndon:

The challenge of predicting the impact of a mistake One of the most difficult tasks for a divorce lawyer in Herndon is to predict the impact of a debt on the outcome of a divorce proceeding. It depends on a number of factors – the judge’s attitudes, the economic impact of fault, the comparative innocence of the other spouse, to name a few. For this reason, your Herndon lawyer’s experience can lead to a more meaningful assessment of this factor when it comes to balancing settlement against a lawsuit. From a practical point of view, it is difficult to see what effects poor behavior until the end of a marriage will have on the outcome of divorce disputes, and damage-related divorces are prone to make emotional decisions that are not necessarily economical There is no simple formula to say that the innocent spouse who breaks the marriage receives a certain percentage more of the marriage assets, or a higher maintenance allowance or an award of the lawyer’s fees, the bad behavior of the other person that forced the couple to separate.

However, these things are possible. At some point, the intense emotions associated with the end of a marriage must be suppressed to ensure that the cost of claiming the separation can be justified in terms of possible or likely outcomes. This is another area where the experience of a Herndon divorce attorney can be of great value. Contact the Law Offices Of SRIS, P.C. to be represented by one of the best divorce lawyers in Herndon, Virginia.

Mr. Sris has over 22 years of handling divorce cases. A particular skill set that Mr. Sris brings to his Herndon divorce clients of Indian origin is his knowledge of Indian laws and his understanding of the Indian culture. He has extensive experience with helping his Indian clients living in Herndon navigate the tricky waters of being married in India and getting a divorce in Virginia. If you need help and live in Herdon, call us at 888-437-7747. Mr. Sris also assists his Indian clients who may be facing problems in their marriage with criminal defense. If you need help with a domestic violence charge in Herndon or a protective order in Herndon, call us right away. C

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