Divorce
A divorce is emotionally wrenching for all parties involved. However, by retaining the services of a skilled and experienced attorney, you can minimize the pain, stress and frustration typically associated with the dissolution of marriage.
As professional divorce lawyers, we at Jones & Gilchrist are proud to give you the respect and courtesy you deserve. Our lawyers will review your marital issues with you and explain the possible solutions. Additionally, we treat our clients as more than just cases. We explore every available option and tailor a strategy that meets your specific needs.
Understand Divorce In Virginia
Before filing, it is important that you attempt to determine if your divorce will be contested or uncontested. Uncontested divorce is the most common type of divorce. The process is inexpensive and quick. A contested divorce occurs if you and your spouse cannot agree on issues like providing child support, spousal support and the division of property and assets.
Whether you believe your divorce to be contested or uncontested, our lawyers are committed to giving you the highest level of legal service. In addition, we can explain the steps to divorce in Virginia, assist you with prenuptial agreements or properly advise you if you are divorcing in the military.
Fault And No-Fault Divorce
There are two divorce options in Virginia — fault and no-fault. Regardless of why you are going through a divorce, our knowledgeable lawyers are prepared to offer you reliable guidance. Following are the differences between a fault divorce and a no-fault divorce —
A fault divorce may involve adultery, sodomy or buggery committed outside the marriage, mental and/or physical cruelty, desertion or conviction of a felony resulting in confinement in excess of one year.
A no-fault divorce may occur if the parties have lived separate and apart for a period of one year. If the parties have no children and have executed a separation agreement, they may obtain a no- fault divorce after six months of separation.
In both fault and no-fault divorces, the petitioner must be a resident of Virginia for at least six months, and the parties may address the issues of division of property acquired during marriage, child and spousal support and child custody and visitation. If you choose the no-fault divorce option, our Hampton divorce law firm can draft, negotiate and execute the separation agreement on your behalf.
Marriage and divorce
Marriage and divorce come with a host of potential issues. The following are some of the most common issues to arise between spouses:
Prenuptial agreements: If you or your future spouse owns real estate, has significant income, or owns a business, drafting a prenuptial agreement can be beneficial. Although couples can put together the framework of an agreement on their own, they typically need separate lawyers to finalize a prenuptial agreement in court.
Annulment: An annulment legally dissolves a marriage by treating the arrangement as though it never existed. Annulment isn’t possible in all cases, but a couple can pursue one in the case of misrepresentation, incest, bigamy, underage, or force. Annulments typically take place a short time into the marriage, and a state government or a church can grant an annulment.
Divorce: A divorce dissolves a marriage in one of 2 ways. All states allow for no-fault divorces, in which one spouse files for divorce by stating a general reason, such as the inability to get along in the relationship. Most states also allow for fault divorces, in which one spouse faults the other for desertion, adultery, cruelty, or another established reason.
Alimony: Also known as spousal support, alimony refers to the payments that one spouse provides for another after a divorce is finalized. Not all divorces include alimony, but this situation is common when one spouse earns a higher salary than the other.
Child support and child custody
When spouses divorce, questions of child custody and child support arise. Common family law issues include:
Child custody: One or both parents may be granted physical custody to determine whether the children will live with one or both parents and whether one parent will have visitation rights. One or both parents will also have legal custody, or the ability to make major decisions about the children’s health care, education, and religion.
Child support: By law, noncustodial parents must contribute a monthly amount to help provide for the children’s expenses. A family court will determine the payment amount.
Paternity: A paternity test determines the identity of a child’s father and can factor into child custody and child support cases.
Domestic violence
It’s important to consult with a family law attorney as soon as possible in the middle of a domestic abuse situation. In addition to the police, an attorney can help you get full custody or file an order of protection to keep your family safe.