Alexandria Divorce Attorneys
Guiding Clients Through The Divorce Process in Fairfax County, Virginia
Oftentimes, marriages face issues and arguments that lead to the result of divorce. Although seeking legal counsel does not immediately resolve the issues at hand, it is a great starting point. At King, Campbell, Poretz, and Mitchell, our divorce attorneys in Alexandria are here to deliver compassionate and effective representation for your divorce matter.
We proudly assist clients with all aspects of family law, including:
- Divorce: We address the issues of child support and visitation, finances, and property settlement agreements to help resolve the concerns of our clients. If possible, we suggest our clients work to resolve their matters out of court. This is not always possible, and, in that case, we will assertively represent our clients in court
- Property Settlement Agreements: These agreements are legal contracts that stipulate the division of marital property. We work with our clients to negotiate agreements that are fair to both parties as well as to resolve custody and visitation matters. We also work closely with our clients to deal with the division of marital debts.
- Child Support: Whether it is the amount they are responsible for paying or the amount they will be receiving, the guidelines for child support often surprise clients. Here in Virginia, it is determined by a state-generated formula based on the combined gross income of both parents. This can be a very complicated and emotional subject, but we work closely with clients to help them understand their child support responsibilities.
- Child Custody and Visitation: The court always makes the decision based on the child’s best interests. Sometimes, the court’s custody or visitation agreements confuse clients, but things like lying or cheating don’t automatically make the person a bad parent. We are here to help clients resolves child custody and visitation disputes.
Contact our Alexandria divorce attorneys today at (703) 468-8557!
Virginia Divorce Laws
In the state of Virginia, a divorce may be ordered on either fault or no-fault grounds. Here are some important key points to keep in mind when obtaining a divorce in the state:
- Residency: Prior to filing for divorce, at least one spouse must have lived in Virginia for six months.
- No-fault Divorce: Parties can file for a no-fault divorce if they have lived separately and apart without cohabitation for at least one year. The parties may be eligible for a no-fault divorce after only six months of separation if they do not have minor children and have entered into a written separation agreement.
- Fault Grounds: Virginia identifies several fault grounds for divorce, which can include cruelty, adultery, desertion, and a felony conviction.
- Property Division: Virginia is considered an "equitable distribution" state, which means the marital property will be divided fairly but not necessarily equally.
- Spousal Support: Virginia permits both temporary and permanent spousal support depending based on factors that include the duration of the marriage, the parties' individual incomes and earning capacities, as well as their standard of living throughout the marriage.
- Child Custody and Support: The Virginia courts will decide child custody and support based on the best interests of the child, evaluating factors such as the child's health, age, and relationship with both parents.
In Virginia, divorce laws and procedures can be complex, which is why it is essential to consult with an experienced family law attorney at King, Campbell, Poretz, and Mitchell.
The Divorce Process in Virginia
The process of divorce can seem overwhelming, but an Alexandria divorce attorney can break down the steps and provide clarity throughout. The main steps involved in a Virginia divorce are:
- Filing the Complaint for Divorce: The spouse who initiates the divorce process will file a Complaint for Divorce with the court. This document outlines the reasons for seeking divorce and any requests for child custody, child support, spousal support, or division of property.
- Serving the Divorce Papers: Once the complaint is filed, the other spouse (the defendant) must be served with the divorce papers. This ensures that both parties are informed of the proceedings.
- Response to the Complaint: The defendant has a certain period to respond to the divorce complaint. They can agree with the terms, dispute them, or request additional information.
- Negotiating Settlement: Many divorce cases are resolved outside of court through negotiation or mediation. Your Alexandria divorce lawyer can facilitate discussions to reach a fair and equitable settlement regarding property division, alimony, child custody, and child support.
- Trial: If the parties cannot agree on the terms of the divorce, the case will proceed to trial. During the trial, both parties will present evidence and arguments, and the judge will make a final ruling on the contested issues.
- Finalizing the Divorce: Once a resolution is reached—either through negotiation or trial—the divorce is finalized when the judge issues a divorce decree.
Is It Better to File for Divorce First in Virginia?
Filing for divorce first in Virginia can provide some advantages, though it is not always necessary. Some of the potential benefits of being the first to file include:
- Control over the Process: The spouse who files for divorce first typically has a bit more control over the proceedings, including choosing the court where the case is filed, which can be significant in some jurisdictions.
- Strategic Advantage: Filing first may give you more time to prepare your case and potentially negotiate a more favorable settlement before your spouse has time to respond.
- Temporary Orders: In some cases, the first filer can request temporary orders from the court for issues like spousal support, child custody, or child support while the divorce is pending. This can provide some relief and clarity during the divorce process.
However, filing first is not a guaranteed advantage, especially if the case is uncontested or amicable. The most important factor in the divorce process is how well you handle the legal and financial aspects of the case, rather than who files first. A skilled Alexandria divorce lawyer can advise you on whether it would be beneficial to file first based on your specific situation.
Our Alexandria Divorce Lawyers Can Help
Divorce laws in Virginia can be complex and navigating through the legal process can be overwhelming. Our team of experienced Alexandria divorce attorneys at King, Campbell, Poretz, and Mitchell are well-versed in Virginia divorce laws and can provide you with the guidance and support you need to navigate through the process.
Our services include:
- Assistance with property settlement agreements
- Guidance on child support and custody matters
- Expert representation in divorce proceedings
- Legal advice tailored to your specific situation
With our expertise in Virginia divorce laws, we can help you understand your rights and options, and work towards achieving the best possible outcome for your case.
Are you looking to file for divorce? Call King, Campbell, Poretz, and Mitchell today at (703) 468-8557 or contact us online to schedule a consultation with our Alexandria divorce lawyer.
How Long Does the Average Divorce Take in Virginia?
The duration of a divorce in Virginia depends on several factors, including whether it is contested or uncontested, whether there are minor children involved, and the complexity of issues like property division and spousal support.
- Uncontested Divorce: If both parties agree on all major issues, such as property division, custody arrangements, and spousal support, an uncontested divorce can typically be finalized within 2 to 6 months. This process is usually quicker since it avoids the need for a trial.
- Contested Divorce: If the divorce is contested, meaning that the spouses disagree on one or more aspects of the divorce (such as custody, property division, or alimony), the process can take several months to over a year. This timeline includes negotiation, discovery, possible mediation, and if necessary, trial.
Factors that may influence the timeline include court availability, the complexity of the case, and how quickly the parties can reach agreements. Working with an Alexandria divorce attorney can help streamline the process and ensure that you are informed of your rights throughout.
What Happens if One Spouse Doesn’t Want a Divorce in Virginia?
Virginia is a no-fault divorce state, which means that one spouse does not need the consent of the other to file for divorce. If one spouse doesn't want the divorce, the other can still proceed with the legal process. In Virginia, a spouse can file for divorce on the grounds of living separately for a certain period, typically one year (or six months if there are no minor children and both spouses agree on all terms).
If one spouse contests the divorce or disagrees with the terms, the process may take longer as the court may need to intervene to make determinations on contested issues such as property division, spousal support, or child custody. However, even if one spouse is unwilling, the divorce can still move forward under Virginia law, as long as proper legal grounds are established.
How Do I Prepare for Divorce in Virginia?
Proper preparation for divorce in Virginia can help ensure that the process goes as smoothly as possible and that you protect your rights throughout. Here are some steps to take:
- Understand Your Finances: Gather financial records, including bank statements, tax returns, pay stubs, credit card statements, and retirement account information. Virginia follows an equitable distribution model, so understanding the value of marital assets and liabilities is crucial.
- Know Your Rights Regarding Property and Custody: Learn about Virginia's laws on property division, spousal support, and child custody. If children are involved, consider what type of custody arrangement would be in the child's best interest.
- Consult with an Alexandria Divorce Attorney: A knowledgeable attorney can explain the divorce process in detail, help you understand your legal options, and provide advice on how to approach sensitive issues such as child custody or spousal support.
- Develop a Parenting Plan (If Applicable): If you have children, consider what type of custody and visitation arrangement would be best for them. A clear plan that prioritizes your child's well-being can help make the process less contentious.
- Consider Your Emotional Well-Being: Divorce is often emotionally draining, so it’s important to have a support system in place. Whether it's family, friends, or a therapist, having emotional support can help you make thoughtful decisions during the process.
- Be Prepared for the Long-Term: Divorce can take time, and your life may change significantly as a result. Prepare yourself mentally and financially for the future, and understand that it may take some time to adjust to post-divorce life.
By preparing carefully, you can navigate the divorce process with more confidence and clarity, ensuring that your best interests are prioritized. Having a skilled Alexandria divorce attorney by your side can help you make informed decisions every step of the way.
Why Hire King, Campbell, Poretz, and Mitchell For Your Divorce?
Whether that requires zealous litigation in court or candid counsel outside of court, we have the ability and experience to identify and achieve your goals.
Divorces are complex matters affecting the care and custody of children, visitation, spousal and child support, the identification and division of “marital” assets and debts, and everyone’s future. And although judges are guided by the law, they have wide discretion in deciding important matters.
It is critical that you have a skilled and respected litigator with a strong grasp of all of the facts and the ability to persuasively present your case inside and outside of court. A divorce may be one of the most tumultuous times in your life, but it can also be a new beginning. Let us be the divorce attorneys to guide you through.
CONTACT OUR DIVORCE ATTORNEYS in Alexandria TODAY
At King Campbell Poretz Mitchell, PLLC, our team realizes this is a very difficult time for you, and it is our goal to help you navigate it and resolve your legal concerns so that you can heal and move forward with life.
Contact King, Campbell, Poretz, and Mitchell today by calling (703) 468-8557 to get started with our Alexandria divorce lawyers.
AWARDS & ASSOCIATIONS
WHAT PEOPLE SAY
At King, Campbell, Poretz, and Mitchell, your satisfaction is our priority! See for yourself what our clients have to say about working with us.
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"I'd recommend him to anyone in need of help. Very patient and understanding. Walks you through the entire process step by step"
Mr. Ryan Campbell is The Great Lawyer! Very knowledgeable about the law and had my case dismissed!
- Eduardo O. -
"Besides marrying my wife, hiring Joe King as my attorney was the best decision of my life."
Right from the start, I felt like I was in good hands. I could tell Joe King really cared about my situation and believed me.
- Mark T. -
"I needed an attorney for a traffic related ticket, that could have been very bad, and was referred to Joe King"
Mr. King has the ability to really and truly listen, and then starts to strategize from a point of understanding.
- Meti L. -
"You cannot find a better attorney than Joe King."
From our initial meeting and throughout the process I had a 100% confidence I had made the right choice. Joe was easy to communicate with, very professional.
- J.G. -
"Mr. Ryan Campbell has been a great lawyer to me. He listened very carefully and very patiently to every detail of my case."
Mr. Campbell went above and beyond to defend me and I am great-full to have representing me.
- Habte Z. -
"Evelyn represented me for my very complex divorce case."
My case became so complex and Evelyn managed to be one step ahead each time. She kept me updated at every step.
- Rinku S. -
"Sean Sherlock handled my DUI case back in 2020. I was scared and full of doubt."
Mr. Sherlock is definitely for the people he represents.
- Evin R. -
"Ms. Mitchell is that rare attorney that recognizes this rollercoaster and works to ease the transition, and sometimes brutal court case"
I highly recommend Evelyn Mitchell, if your marriage must be dissolved she is a lawyer you can trust to watch for your best interests and bring you to a good conclusion.
- Ross B.