What are the sine qua non for divorce in Virginia?
A marital breakup is not something that has to be dealt with daily until the person concerned is a Virginia divorce attorney. Not all marriages make it to the end. A marriage falls apart for various reasons and spouses decide to separate for good. But what the legal system of Virginia has in store for a couple, who opts to part ways, is complicated and draining. But a Virginia divorce attorney from the Law Offices of SRIS, P.C. can make things easy and simple in no time.
An apprising on divorce
The legality of dissolution downplays every other collateral upshots of separation. A Virginia divorce attorney would never consider it as just the legal termination of a non-working marriage. Marriage dissolution are emotionally consuming and life-changing. A legal separation alters several things including the very lifestyle of parting spouses. Marriage dissolution is finalized only when the judge signs and approves its final decree. Choose the right Virginia divorce attorney to succeed in your endeavor.
The 2 basic kinds of a divorce
A divorce attorney in Virginia would be acquainted with the two basic kinds of a matrimonial termination. The first kind of divorce is absolute. An absolute dissolution dissolves a marriage permanently. The second type is bed and board dissolution. Marriages are not permanently terminated in a bed and board. The second kind of separation was predominant in the past and it is seldom an outcome that happens presently. A bed and board case, if when sought, is majorly used for cases wherein the reason for the separation is cruelty or abandonment. A Virginia divorce attorney can render elaborate clarifications on the two kinds of marriage dissolution.
The procedural flow of a disputed divorce in Virginia
A Virginia divorce attorney can offer detailed clarifications on the processing requirements and flow of a process. The processing of dissolution can be made easy with the help of a Virginia divorce attorney.
The attorney takes the following is a step-by-step procedure to acquire marriage termination.
- The first step is deciding on the grounds of separation. A Virginia divorce attorney would ensure whether the grounds stated by the parting couple are adequate and qualified for a legal separation.
- If the couple has arrived at a unanimous settlement, the negotiated settlement terms can be filed at the court. A Virginia divorce attorney can render help with filing the necessary paperwork for this procedure.
- The paperwork for the actual complaint about the sought separation is filed with the assistance of a Virginia divorce attorney to avoid filing and documentation errors.
- Upon filing the complaint paper, the plaintiff gets to summon the defendant to the court or for a legal meeting to discuss settlement issues. The recipient of the summons will be entitled to respond to the received paperwork with an appropriate reply or counterclaim. It is advisable to seek the advice of a Virginia divorce attorney while responding to a court summons.
- If the spouses reach a consensus on the terms of the settlement by this time, a Virginia divorce attorney would instruct the former to file the same at the court to thereby obtain a legal approval.
- The preliminary filing procedures are complete by now.
- The plaintiff will be obligated to a burden of proof. If the couple opts for a no-fault separation, a Virginia divorce attorney will not be required to work on validating the claims of the plaintiff for there are none. But if the couple seeks a fault-based marital breakup, the separation-desiring party is left with a huge responsibility of proving the stated claims. For instance, if the process was filed on fault-based grounds like adultery, cruelty, domestic violence, etc., the plaintiff will be bound to provide supporting evidence for the claims. A Virginia divorce attorney can help with gathering and submitting the required evidence.
- If the couple arrives at a settlement through one or more negotiations after the evidence has been discovered and filed, the terms should be drafted by the Virginia divorce attorney and registered at the court for further processing.
- The court would have scheduled a date for trial by this time. This period should be used effectively in preparing for the trial. A Virginia divorce attorney can help individuals with preparing for the trials. There are a set of etiquette that should be followed while being present at the premises of the court, failing or disregarding which the violator is subjected to minor legal actions.
- If the couple agrees unanimously to a settlement before trial, the terms of the same are filed at the court by the Virginia divorce attorney to acquire legal approval.
- The scheduled trial focuses on resolving the issues surrounding unsettled asset distribution, disputed alimony terms, or contested custody claims. The council deliberates on these issues and guides the couple towards a settlement that is desirable for both parties. Each spouse is permitted to bring in a personal Virginia divorce attorney to the court for these trials. The court and the parties collectively gather until the couple agrees to all aspects of the dissolution.
- If a party is not satisfied with the resolutions suggested by the court, appropriate motions can be filed. A Virginia divorce attorney can assist in filing these motions.
- Finally, the drafted settlement agreement is registered at the court and the decree is approved.
Is it mandatory to visit a court for acquiring a divorce?
The proceedings are often scheduled at the circuit court of Virginia. A Virginia divorce attorney can accompany a client to these court gatherings. But it is not mandatory to visit a courtroom for obtaining dissolution. A Virginia divorce attorney can guide couples towards marriage dissolution without having to force the latter to visit courtrooms.
The responsibilities of a courtroom
The court gets to decide on a lot of aspects. A Virginia divorce attorney can provide the necessary guidance to learn about the responsibilities of a courtroom.
The following are some of the primary responsibilities of a courtroom.
A divorce attorney Virginia would consider child custody/support as the most crucial aspect of a legal separation. Generally, a couple will be required to stay apart for 6 months before the commencement of the procedures. The presence of minor children for a couple can extend the period of separation to 12 months. Not all mothers are guaranteed child custody rights in all cases. A divorce attorney Virginia and the Virginian legal system believe that the custody of a kid should be awarded to a parent/guardian, who is genuinely interested in the welfare of the ward.
A divorce attorney in Virginia would describe alimony as a provision that ensures financial assistance to the parties of a marital split-up, post-breakup. This is granted to ensure financial stability for a non-working spouse.
A divorce attorney VA is familiar with the fact that the Virginian family law acknowledges equitable asset distribution. This distribution ensures a fair partitioning of properties. Thus, a divorce attorney VA would not expect an equal division of assets in all cases. The Law Offices of SRIS, P.C. employs some of the most skilled divorce attorneys in Virginia. We create custom plans to tend to the unique requirements of every client. Reach out to our divorce attorneys at the Law Offices of SRIS., P.C., in Virginia to ensure fair and desired outcome.