You know that divorce is emotional and stressful. There are many decisions you must make, and reaching an agreement with your spouse regarding those decisions may not be possible. Fortunately, an experienced Prince William County divorce lawyer can help you every step of the way.
The team at Melone Hatley, P.C. is ready to serve as your partner during the divorce process, helping you overcome any challenges you may face. Our compassionate team of Prince William County family lawyers will do everything we can to help you through the process.
Contact us today for a free case review with one of our team’s client services coordinators.
Reasons to Hire a Divorce Attorney Serving Prince William County
It is rare for a couple going through a divorce to be able to come to terms on a divorce agreement without help from legal professionals.
Even if a divorce is amicable and you are able to agree on how to resolve most of the issues in your case, many legal formalities must still be sorted out as part of an uncontested divorce.
Uncontested Divorces
Even if you and your ex agree on how to handle everything in your case, you will still need the help of an experienced attorney to ensure all the paperwork is properly filed so you can finalize your divorce. A divorce attorney serving Prince William County will ensure that all the required paperwork gets completed accurately and filed on time.
Your lawyer will also review the terms you worked out with your spouse and ensure you fully understand the impact of the agreement.
Contested Divorces
Most couples find that they are unable to reach an agreement with their spouse on all the issues that need to be settled as part of their divorce. While you may agree about how to handle certain aspects, there will likely be disputes you can’t resolve. An attorney can help as you attempt to resolve things through mediation.
If there are still issues that need to be resolved following mediation, you will need a lawyer to help you prepare and argue your case in court.
Schedule your free meeting with our team today to see if our Divorce Lawyers can help you.
Issues that You’ll Need to Settle
Divorces between couples who do not have kids tend to be simpler. In these cases, the main issues that need to be resolved are spousal support and the division of assets and property. If you have children, you will also need to determine child support, child custody, and visitation.
Child Custody
When divorcing a spouse with whom you have children, custody and visitation tend to be the most significant and most contentious issues. When addressing these issues, there are two types of custody you will need to settle.
Physical custody determines where your child will live and the regular contact with the child that each parent will be granted. Legal custody concerns each parent’s rights regarding making decisions about the child’s health, education, religious upbringing, and overall well-being.
There are a variety of outcomes regarding custody that can be reached. The court may grant joint legal and physical custody to the parents, sole custody to one parent, or any combination in between. When determining custody, the court will consider a variety of factors, including:
- The age of your child
- Your child’s cognitive abilities
- The relationship both you and your former spouse have with your child
- The willingness and ability of each parent to meet the needs of your child
- Your child’s developmental needs
- The willingness of each parent to co-parent your child
- Your child’s wishes if they are at least 14 years old
- Whether either you or your ex-spouse has a history of sexual abuse or domestic violence
Child Support
When the court decides on child support, the primary factor they consider is which parent has primary physical custody of the child. Most of the time, the parent who has primary custody receives child support payments from their former spouse.
The amount that will be awarded in these cases depends on the needs of the child and the financial situation of each parent.
Alimony/Spousal Support
If you and your spouse were married for a significant period, spousal support payments may be part of your divorce agreement or order. Spousal support will only be granted if the income of one party is substantially greater than the other.
The court will consider many factors when determining whether to grant alimony and how much will be awarded, including:
- How long have you were married
- The health and age of both you and your former spouse
- The lifestyle you both enjoyed while married
- The income of both parties when you separated
- Whether either of you gave up a career to support your partner or children
- The future earning capacity of both you and your ex
- How your property is distributed
- Whether either of you was guilty of misconduct during your marriage, including adultery or abuse
Division of Assets
If you did not have a prenuptial agreement, the court will likely be inclined to divide your assets equally.
However, they may consider other factors in some cases, including assets that belonged to each party before your marriage or relationship began, as well as any possessions that were clearly the sole property of either party during your marriage.
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Requirements for a Divorce in Prince William County
To get a divorce in Prince William County, either you or your spouse will need to provide proof of Virginia residency dating back at least six months before the filing date. If both parties are residents of Virginia, the court will have the full legal authority to decide all issues in your case.
Alternatively, if only one party is a resident of the state, there will be limitations on the court’s authority in the matter. While they can still grant the divorce, they cannot make a ruling regarding spousal support or the division of any assets not located in Virginia. Similarly, the court will not be able to make a ruling on child custody for a child living out of state.
Virginia Is a No-Fault Divorce State
A married person in Virginia has the right to file for divorce without proving wrongdoing on the part of their spouse. However, there are requirements they must meet regarding the length of time they have lived apart from their spouse.
If you don’t have children with your spouse, you will need to have been separated for at least six months and have a separation agreement.
If you have children with your spouse, you will need to have been separated for at least one year. The separation requirement will be waived if you are seeking a divorce because your partner committed adultery or was sentenced to at least one year in jail or prison.
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Get Help From an Experienced Divorce Attorney in Prince William County Today
Hiring an experienced Prince William County divorce lawyer can make all the difference when going through a divorce. At Melone Hatley, P.C., we have helped thousands of clients navigate the divorce process to get a result that aligns with their goals.
Contact us today to set up your free case consultation, and check out our client testimonials to learn more about the type of service you can expect when you hire our team.
Schedule a call with one of our client services coordinators today.
