Divorce Lawyer in Leesburg, VA

Divorce is always a complicated legal matter, but in the State of Virginia, it can be more so. To obtain a divorce from the bonds of matrimony in the state, there is a separation requirement, which means there generally isn’t a speedy option. If you are facing a divorce, consulting with an experienced Leesburg divorce lawyer at Bristle Schulze early on is the surest means of protecting your financial rights and your rights as a parent.

No-Fault Divorce in Leesburg

Most divorces in Virginia are no-fault, which means that neither spouse is required to prove the other’s wrongdoing. Every no-fault divorce in the state is based on the involved couple’s continuous physical separation from one another. In addition, at least one of you, the spouse, intends for the separation to be permanent.

To divorce in Virginia, you and your spouse must live separately and apart for a full year prior to divorce. If, however, you share no children and are able to reach mutually acceptable terms between yourselves, this requirement is reduced to six months. It is possible to meet the separation requirement when living in the same home, but it is necessary to maintain separate bedrooms and finances.

The Equitable Division of Marital Property

In your divorce, your marital assets, or marital property, must be divided equitably. This means fairly in the context of the relevant circumstances. In other words, while the property you, your spouse, and the two of you together amassed during your marriage may be split between you evenly, it may not be.

Those assets that either of you owned separately prior to marriage will remain the separate property of the original owner. This means they are not subject to division, but any commingling of marital and separate property can weaken a spouse’s claim of separate ownership.

Child Custody

Child custody in Virginia is always based on the best interests of the involved children, which means that factors like the following are taken into careful consideration:

• The children’s needs
• Each parent’s ability to provide for the children’s needs
• The emotional bond between each parent and the children
• The preferences of those children deemed mature enough to participate
• Each parent’s commitment to engaging in effective co-parenting

Child custody is addressed in terms of physical custody, or the children’s living arrangements, and legal custody, which determines decision-making authority for primary parenting concerns.

Child Support

Virginia employs the income shares model of calculating child support. This means that each parent’s income and the amount of time they spend with the children are factored in. Even when parents share child custody 50/50, however, the parent who earns more can generally expect to pay child support.

Alimony

Alimony is reserved for cases in which divorce leads to income disparity between the spouses and to one spouse’s financial need.

An Experienced Leesburg, VA, Divorce Attorney Can Help

The seasoned Leesburg divorce lawyers at Bristle Schulze have the experience, legal insight, and drive to skillfully advocate for your rights to fair divorce terms. Learn more by contacting us online or calling us at 703-454-0701 today.