If you are getting divorced from your spouse you know it can be an emotional and stressful process. You have to make many decisions, and reaching an agreement on important matters with your former partner can prove impossible. Attempting to deal with everything on your own can be overwhelming. Fortunately, an experienced Loudoun County divorce attorney can help you with everything.
At Melone Hatley, P.C., we are your partner in divorce and we know the challenges you will face. Our compassionate yet aggressive team of Loudoun County family lawyers will work tirelessly to ensure the terms of your divorce settlement work for you. Get in touch today by giving us a call or completing the contact form on this website to schedule your free initial case evaluation.
Why You Should Hire a Divorce Attorney in Loudoun County
While a small percentage of couples are able to come to terms on an amicable divorce settlement without getting lawyers involved, most people find it difficult to reach an agreement on every aspect of their divorce. Even for those who can make all the necessary decisions on their own, there are many detailed legal formalities that must be handled in an uncontested divorce.
Uncontested Divorces
Even if you and your spouse are able to agree on everything you will need the help of an experienced divorce attorney in order to get everything properly filed and finalized. A divorce attorney in Loudoun County will be able to help ensure that all of the necessary paperwork is filled out accurately and filed on time.
Furthermore, your lawyer will review the terms of your divorce agreement and ensure that you are fully aware of the situation and possible repercussions created by the settlement.
Contested Divorces
The majority of couples will be unable to resolve all of the disputes that must be settled in a divorce without help. While you may be able to agree on some things in your divorce, it is highly unlikely that you will agree on everything. Working with an attorney to enlist the services of a mediator may help you get everything resolved.
If you still have unresolved issues after working with a mediator, you will need to settle things in the courtroom. In court, your divorce lawyer will argue your case in front of a judge as they attempt to win a favorable ruling on your behalf.
Things that Need to Be Settled
If you and your spouse do not have any children, your divorce can be far simpler, as there are fewer issues that will need to be resolved. If you don’t have kids, determining spousal support and the division of property will be the main issues that need to be settled. Meanwhile, those with children will also need to figure out child support, child custody, and visitation.
Child Custody
When a couple getting divorced has children, the most important issue that needs to be settled is how custody will be divided. There are two types of custody that must be settled.
Physical custody refers to where the child will live and the regular contact that each parent will have with the kid. Legal custody refers to the right of each parent to make decisions about the child’s education, health, religious upbringing, and overall well-being.
A divorcing couple may be granted joint physical and legal custody. Alternatively, one parent could receive sole custody, or some type of combination could be awarded. When deciding who will have custody, the court will take several factors into consideration, including:
- The age of the children
- The child’s developmental needs
- The child’s cognitive abilities
- The child’s wishes if they are at least 14 years old
- The relationship between each parent and the child
- The willingness of each parent to co-parent the child
- The willingness and ability of each parent to meet their child’s needs
- Whether either parent has a history of sexual abuse or domestic violence
Child Support
When determining child support during divorce proceedings, the main factor that must be taken into consideration is which parent has primary custody of the child. Most of the time, the parent without primary custody will need to pay child support to the parent who has primary custody.
The amount paid in child support will be determined based on the needs of the child and the financial situation of both parents.
Alimony/Spousal Support
When the divorcing parties were married for a significant amount of time, spousal support may be granted. For spousal support to apply, one party must earn substantially more than the other. The decision of whether to grant alimony and how much will be awarded depends on multiple factors that include:
- The length of the marriage
- The health and age of both parties
- The income of both parties at the time of the separation
- The future earning capacity of both spouses
- The lifestyle enjoyed by each party while married
- Whether either party gave up a career to support their partner or children
- The distribution of property
- Whether either party was guilty of misconduct during the marriage, including adultery or abuse
Division of Assets
If there was no prenuptial agreement, the court will likely look for an equal division of assets. However, other factors may be taken into consideration, including assets that belonged to either party before they entered into their union, as well as any possessions that were clearly the sole possession of one party during the marriage.
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Requirements for Divorcing in Loudoun County, Virginia
To be able to file for divorce in Loudoun County, one spouse needs to have been a Virginia resident for a minimum of six months before filing. If both parties are Virginia residents, the court will have full authority to decide all issues in the case.
However, this does not hold true if one spouse lives in another state. While the court can still grant the divorce in this situation, it can not rule on spousal support or the division of assets not located in Virginia. If the couple has children, the court will have no authority to make a ruling regarding child custody or child support if the children live out of state.
Virginia Is a No-Fault Divorce State
In Virginia, a married person can file for divorce without having to prove wrongdoing by their spouse. However, requirements regarding how long the couple has lived apart must be met. If the couple does not have children, they need to have been separated for a minimum of six months. Meanwhile, couples with kids must have lived apart for at least one year.
The separation requirement is waived if you are seeking a divorce because your partner committed adultery or has been sentenced to at least a year in jail or prison.
Reach Out to an Experienced Divorce Attorney Serving Loudoun County Today
Having an experienced Loudoun County divorce lawyer by your side can make all the difference during a divorce. At Melone Hatley, P.C., we have a long history of helping people navigate the divorce process and get the results they desire.
Contact us today by giving us a call or using our online contact form to schedule a free case review with a member of our legal team.
