If you are facing a divorce involving a child custody dispute or a complex property division, you understand how difficult it is to resolve differences without extended litigation or a lengthy court battle. At MichieHamlett, our attorneys handle cases across the spectrum, from simple to complex, uncontested to contested, amicable to highly contentious. A Virginia family lawyer from our firm could work with you, your spouse, and their attorney to create a property settlement agreement, parenting plan, or marital settlement agreement that addresses your needs while meeting court approval.
When settlement outside of court is not possible, our family law litigators protect your rights and interests at trial or on appeal. Divorce is never easy, but with a knowledgeable Virginia family lawyer by your side, you can move forward with confidence knowing the divorce decree and related court orders reflect your legal rights and your children’s best interests.
The family law practice at MichieHamlett extends beyond divorce and encompasses a wide range of legal issues that touch upon familial relationships. Contact us for help with any Virginia family law matter, including in particular:
The divorce process in Virginia begins with the filing of a petition in court and serving that petition on the other party. The petition can be filed in the county of residence where either spouse has resided for a least six months. The grounds for divorce can be fault or no-fault. Fault-based grounds include:
A party can also file a no-fault divorce if the spouses have lived separate and apart for one year (with minor children) or six months (with no minor children and a resolution of issues through a separation agreement or marital property agreement). While the spouses are living apart, they can obtain a divorce from bed and board to establish issues such as custody and support during that time. Once the applicable time restriction has elapsed, the parties can get a divorce from the bond of matrimony, merging court orders and agreements from the earlier divorce or separation into the final decree.
Just as important as obtaining the divorce itself is resolving issues related to the equitable distribution of marital property (assets and debts), the payment of spousal support (alimony), and matters related to child custody and child support. Statutory factors and Virginia case law apply to each of these areas, leaving the judge with discretion on how to rule based on the evidence and arguments submitted by the parties. Court orders in these areas carry finality and enforceability, so you must get them right the first time. Our experienced Virginia divorce lawyers provide practical advice and strategic representation to ensure your needs are met, whether negotiating a settlement agreement or litigating in court.
Regardless of whether parents are divorcing, separating, or were never married to begin with, it is vital to settle issues related to minor children according to the applicable Virginia laws. Courts will decide issues related to both physical custody and legal custody – in other words, which parent the children will live with and which parent has authority and responsibility for making child-rearing decisions in areas such as schooling, healthcare, religious upbringing and extracurricular activities. While the policy in Virginia is to encourage frequent and continuing contact with the children by both parents and shared decision-making to the maximum extent appropriate, the best interests of the children are always the dominant factor in any child custody matter. We’ll fight hard for your rights and interests and the best interests of your children in these areas, including the often-difficult decision of which parent will have primary physical custody versus visitation.
When it comes to determining child support, our family law attorneys ensure that the calculation follows Virginia guidelines and that both spouses disclose and report all income sources completely and accurately. Our child support lawyers also argue for or against deviations from the guideline amount when appropriate, as well as any proposed post-divorce modifications of support based on a claimed material change in circumstances.
Family law matters are often emotionally challenging and legally complex. Our team is here to provide practical advice and guide you through every stage of the process so you can make informed decisions for yourself and your family. In negotiations, mediation, arbitration, or trial, a Virginia family lawyer from MichieHamlett could represent your rights and pursue a fair outcome that allows you to move forward with confidence. Contact us today to schedule a consultation.
