Fairfax Divorce Attorney

Representing Your Interests. Protecting Your Future.

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WE SERVE VIRGINIA, MARYLAND, AND THE DISTRICT OF COLUMBIA

Experienced and Professional Family Law Attorneys

Your family law dispute can be difficult. Let Curran Moher Weis be the guiding light in a time of darkness. Our firm has successfully steered hundreds of clients through some of the most challenging times of their lives.
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Representing Your Interests. Protecting Your Future.

Experienced Family Lawyers Serving Fairfax and Neighboring Counties

Our Northern Virginia-based family law and divorce lawyers combine more than 75 years of family law and trial experience, and have received honors from Super
Lawyers, the AV Preeminent® rating from Martindale-Hubbell®, and notoriety in publications including The Washingtonian magazine, Ten Leaders, Northern Virginia Magazine, and more.

Taking care of every aspect of your family law issue, our family lawyers in Fairfax understand the difficult moment you’re going through and how divorce proceedings can be. We will guide you and represent you as we’ve been representing clients’ rights for several decades and striving to serve our client’s best interests.

Divorce is the most common family law issue. It can be a complex endeavor to separate a couple’s lives, dealing with issues that can involve property, money, debts, support, and children. Divorce can include:

  • Dividing all marital property, assets, and debts;
  • Determining if one spouse should receive financial support;
  • Settling how to share child custody or whether one parent will pay child support;

Many factors can complicate the divorce process, including having spouses who cannot agree on one or more issues. At Curran Moher Weis, we take on even the most challenging divorce cases. You want a legal professional advising you and protecting your interests and future from the start to the finish of your divorce and our lawyers are willing to help.

Founded by Gerald Curran, Esq. and Grant Moher, Esq., formerly partners at one of Virginia’s largest family law firms, Curran Moher Weis is dedicated to family law and divorce in Virginia.

 

Family law encompasses many types of cases, each with its own conflicts, objectives, challenges, and more. Curran Moher Weis encourages you to look for an attorney who has experience managing divorce, child custody arrangements, property settlement agreements, or other family law matter you face. Our practice areas & top-notch legal representation center on the most pressing family-related legal issues you may face, including:

  • Contested & Fault-Based Divorce
  • Property Division
  • Custody/Visitation
  • Spousal Support/Alimony
  • Child Support
  • Post-Divorce
  • Mediation and Collaborative Divorce

Many families in Fairfax face legal issues in family court. Any legal issues involving your marriage, children, and other personal matters can be stressful and you want to protect your rights under Virginia law. Curran Moher Weis is a premier family law firm and our legal team is ready to help.

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    • Experienced
    • Trusted
    • Knowledgeable
    • Results-Oriented

Fairfax Family Litigation Lawyer

Divorce happens to good people. If it’s happening to you, you know how deep the impact can be. Every aspect of your life — from your income, your business, your friends, and access to your children — is impacted. Thankfully, with the help of an experienced attorney, many people going through divorce are able to reach an amicably negotiated resolution. Your divorce attorney must be able to help you recognize and capitalize on a good deal. At the same time, many divorces also result in the parties going to court.

When divorce requires an aggressive approach, you need an experienced, diligent lawyer who is capable of protecting your best interests and the interests of your children. The attorney you select as your Virginia divorce lawyer may have an incredible impact on the outcome of your case, whether you get what you want in your divorce, and what shape your life will take after your case has been resolved. Our goal is to usher you through the elements of the divorce process with as little strife as possible, but when litigation is warranted, we will take the necessary steps as trial lawyers to defend you and zealously advocate for your objectives. The end of a marriage is never easy. It is often one of the most challenging times in a person’s life, especially when a marriage involves minor children.

When you’re going through a divorce, you need the assistance of a knowledgeable and skilled Fairfax family lawyer. At Curran Moher Weis, we’re passionate about helping our Virginia clients get through their divorce and move on to a better tomorrow.

Child Custody: Married & Unmarried Parents

If spouses cannot make decisions regarding custody of a child, a judge will do what is in the child’s best interest based on factors including:

  • The age of the child
  • The age and health of each parent
  • The existing relationship between the child and each parent
  • The child’s needs
  • Each parent’s ability to support and provide for the child

Child custody is a vital part of a divorce and some cases can arise outside of a divorce case, as unmarried parents must decide on custody division if they do not live in the same residence. The issues are the same in these cases and custody centers around what is in the best interests of the child.

Child Support & Modifications in Virginia

Child support refers to the financial contribution one parent makes to the maintenance and care of their child. Both parents are generally responsible for their child, no matter what the custody arrangement may be. However, in certain cases, the court will grant one parent-child support if they deem it necessary to ensure the child’s needs can be met. Contact us today to schedule a meeting with one of our skilled child support lawyers in Fairfax, Virginia.

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why choose us

See why Curran Moher Weis is different

To protect your future, you need a reliable and experienced Virginia family law attorney to strongly represent your interests. That’s why we’re here.

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    Decades of trusted legal service

    Led by founders, Gerald Curran and Grant Moher, the lawyers of Curran Moher Weis are committed to helping you.

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    Solutions tailored to your unique case & goals

    Our team has a specific strength in complex divorce litigation for cases that require it.

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    Direct, one-on-one support from your attorney

    The Fairfax family law firm with the right balance of care and tenacity.

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Look for more reviews on our testimonials page.

    • Experienced
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    • Knowledgeable
    • Results-Oriented

Property Division: An Inevitable Step When Divorcing & How We Can Help

One thing that every divorce case has in common is that spouses must divide all of their marital property in an equitable manner.

Equitable does not mean equal – instead, it means that spouses
must divide their property in a manner that is fair, given their overall circumstances. The steps to such property division can include:

  • Identifying which property is marital or separate (you do not have to divide separate property)
  • Determining the value of all your marital property
  • Deciding how you and your spouse will divide that property
  • Reaching an agreement to resolve all issues, or litigating the matter in court if you cannot reach an agreement.

Our divorce lawyers can look at all of your circumstances and advise you on what to expect from a property division settlement. We work to find reasonable resolutions that work for our clients and preserve their financial futures.

Alimony: Common Aspects Considered by Judges to Be Entitled

Alimony refers to the financial maintenance of a spouse. If spouses cannot agree on alimony, the court will decide whether either spouse is entitled to alimony and, if so, the amount and duration of the monetary support.

The judge will consider certain factors, including:

  • The duration of the marriage
  • Both spouses’ financial situations
  • The standard of living established during the marriage
  • Each spouse’s monetary and non-monetary contributions to the marriage
  • Both spouses’ earning capacity

Alimony is not guaranteed. A judge will review many factors before granting alimony or spousal support.

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Representing Your Interests. Protecting Your Future.

Post-Divorce Litigation

Just because a divorce case is finalized does not mean that your legal concerns are necessarily over. If your divorce involved support or custody orders, there is a chance you might find yourself back in family court for one of these post-divorce litigation matters:

  • Enforcement of orders – Does your ex-spouse refuse to comply with a support or custody order? If so, you can return to court and ask the judge to take various measures to enforce the order. You also might return to court if your ex-spouse accuses you of violating a court order.
  • Modification of orders – Circumstances change and a custody or support order that made sense at the time of divorce might no longer be practical or possible. You must officially modify an order with approval from the court and if spouses disagree on the modification the judge will need to decide what is best.

Post-divorce litigation can impact your life as much as your initial divorce orders. Always have the right legal representation in family court for post-divorce litigation cases.

Collaborative Divorce

Many people assume that if they cannot agree with their spouse on all divorce issues, they are destined to head to court. This is not the case, however, as there are legal processes that help facilitate compromise and agreement to avoid the need for litigation. One process that is growing in popularity is collaborative divorce.

Mediation

Another possible solution for spouses who cannot agree on one or more issues in a divorce is mediation. Mediation can also benefit parents or parties in other types of family law cases.

Mediation involves the parties sitting down for sessions with a neutral mediator, who is not an attorney for either party. Instead, the mediator is there to review each
person’s arguments and objectives and facilitate communication and cooperation to find a middle ground whenever possible.

Our Attorneys Are Ready If Your Case Requires Litigation

Even though mediation, collaborative divorce, and other resources can help many people agree on relevant issues, some family law cases require litigation. Litigation is common in cases involving:

  • High or complex assets
  • Alimony requests
  • One parent seeking full custody

Sometimes, it is necessary to go to court to fight for your rights, and our divorce attorneys are experienced litigators who do not hesitate to represent clients before a family law judge.

Seek Help From A Skilled Divorce Lawyer Near You

Our skilled divorce attorneys at Curran Moher Weis handle a wide range of divorce & family law cases, and we know how much is at stake when you have a matter in family court. We will work hard to protect your financial and parental rights, just as we have done for so many clients in Fairfax Virginia, and surrounding cities. Please contact us now to schedule an initial consultation at (571) 328-5020

Frequently Asked Questions

Answers to your most commonly asked questions

The right place where you can find the answers to your questions regarding family law.

The decision to divorce is not an easy one. This is a challenging time and making major decisions can be complicated by emotional issues. For many, divorce begins with finding an attorney to guide them through the process.
It is in your best interest to have an initial consultation with a qualified, experienced divorce attorney who will maintain your best interests throughout the procedure. Your attorney will help guide you through all the legal aspects of your separation and divorce such as:

  • Property and asset division
  • Child custody and visitation
  • Child support
  • Spousal support
  • How marital fault may impact the divorce
  • Options for finalizing the divorce

Even if you are unsure of how you want to proceed, you should at least have an initial meeting with an attorney to have your questions answered and know your legal right and options.

One of the contributing factors in determining the duration of spousal support is the length of the marriage. In shorter marriages, support is commonly paid for a defined duration. In longer marriages alimony may be indefinite.
In any case, absent an agreement otherwise, spousal support ends when either spouse dies or the spouse receiving alimony remarries or is proven to have cohabited with another individual in a relationship analogous to marriage for one year or more.

Finding legal counsel when beginning the process of divorce is much easier when you know what to look for. In your search, you should be searching for an attorney who:

  • Dedicates all or a significant portion of his or her practice to family law.
  • Has extensive experience, both in and out of court, with divorce and related family law issues
  • Has a proven track record
  • Is familiar with the court system in your jurisdiction
  • Maintains a support team of paralegals and/or legal assistants
  • You feel comfortable working with.
  • Listens to your concerns, communicates clearly, and answers all your questions to your satisfaction
  • Runs an organized and professional office

Alimony can be decided by the divorcing couple during mediation or collaboration, or decided by the court should litigation occur.

Your first meeting is a chance for your attorney to get to know you and your situation, and for you to get to know your attorney. It is also the time to get some advice on any immediate issues, and discuss long term strategies. You can prepare by writing down any questions you might have, compiling any documentation you feel is pertinent to your divorce, and creating notes that include a chronology and summary of the events that have led to the separation. While bringing documents is not necessary, it may help to bring recent tax returns, bank statements pay stubs, important e-mails and letters, and other similar documents. You can also contact your attorney’s office and ask for a list of what else to bring to the meeting.

Grounds for a divorce provide a legally-recognized reason for your divorce. The state of Virginia recognizes both no-fault divorce and fault-based divorce.
No-Fault Divorce
When you file a no-fault divorce, neither spouse is blamed for the end of the marriage. However, to obtain a no-fault divorce in Virginia, spouses must live apart for at least one year. The separation period typically begins when one spouse moves out or both spouses move into separate homes.
If there are no children, the separation period could be reduced to six months if the spouses agree to enter into a separation agreement.
Fault Divorce
Unlike no-fault divorce, fault-based divorce does assign fault for the dissolution of the marriage. According to Virginia law, the state recognizes the following fault-based grounds for divorce:

  • Adultery
  • Conviction of a felony and incarceration of more than one year
  • Cruelty or reasonable apprehension of bodily harm
  • Willful desertion or abandonment

Providing proof for any of these legal grounds can be daunting, but a qualified Fairfax divorce lawyer can provide invaluable guidance.

Most states have residency requirements for divorce. Under Virginia law, a spouse cannot file for divorce unless either spouse has resided in the state for at least six months.
If neither spouse has lived in Virginia for six months, you’ll have to waive to file for divorce if you want to file in Virginia. However, there may be steps you can take even before you qualify to file for a divorce to help your situation, so discussing your situation with an attorney would be wise, even if you don’t yet qualify to file for divorce.

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