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We recognize that a divorce or separation can be a frightening and stressful time. We are committed to providing you with the best representation possible, while keeping your costs as low as possible. Our goal is to obtain an equitable outcome for you, and we will work as diligently and efficiently as possible on your behalf without compromising that goal.
What is the best way to settle divorce issues?
Husband and Wife will minimize trial time and costs. This agreement settles the rights and responsibilities of each party concerning the issues of child custody, visitation, support, personal property, etc. It must be fair as well as complete and detailed. Both parties must be in agreement with the provisions of this contract. The Agreement may be drafted and negotiated by you and your attorney.
What happens if an agreement can’t be reached?
In the event an agreement cannot be reached, parties may need to proceed with a hearing. This hearing is called a Pendente Lite hearing. At this hearing, a Judge may grant an award of temporary child custody and support, temporary spousal support, temporary use and possession of the home, injunctions and other forms of relief. The results of this hearing are temporary. The decision, however, allows the parties to either reach a permanent agreement on the issues, or gives them time to prepare for trial on the unresolved issues.
How long do we have to be separated before we can file for divorce?
In Virginia, final no-fault divorce may not be granted until the parties have been separated at least one year if there are children born of the marriage. In the event there are no children and the parties sign a Separation Agreement, they may proceed with the divorce after a six-month separation. A fault-based divorce (such as one on the grounds of abandonment, abuse, adultery, etc…) does not require a waiting period to file. We will discuss with you whether a fault-based divorce is appropriate in your case.
What are the steps in a typical divorce?
To begin the divorce proceedings, a Divorce Bill of Complaint is filed with the court. Your spouse will have twenty-one days to answer this Bill of Complaint once it has been served. Your spouse can also accept service and sign a waiver, which speeds up the process. Depending on the type of divorce, a Pendente Lite hearing may be scheduled at this time. Other times, parties are ready to be heard. In that case, the Judge or a Commissioner will hold your divorce hearing. Usually, after the decision, the Judge enters the final decree. Once that is entered, the divorce is final. Remember that this is a basic overview of Divorce. Each divorce is different and your divorce may require other steps or courses of action, such as publication or other court hearings.
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