Divorce happens to good people. If it’s happening to you, you know how deep the impact is felt. 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 settlement. 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 settled. 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.
A divorce commonly requires litigation when it’s a contested divorce.
Contested divorce results from a couple’s inability to agree on the most important divorce points, including property division and child custody. This differs from an uncontested divorce, in which the spouses are agreeable and come together to create a separation agreement.
Litigation requires taking your divorce to court to resolve existing issues. The judge becomes familiar with your case, while both spouses’ lawyers present their cases with supporting evidence and testimony.
Divorce litigation can be a long process, depending on the details of your divorce. It requires plenty of patience and trust in your divorce attorney. This is one of the reasons it’s crucial to have a divorce lawyer you feel comfortable and confident working.
No matter the issues, your divorce lawyer will protect your best interests and do whatever is necessary to pursue the fairest possible outcome.
The topics tackled during your divorce depend on the details of your situation. The most common divorce matters are as follows.
Property and Debt Distribution
Virginia is an equitable distribution state, meaning property and assets are distributed according to what a judge finds fair to both parties. This does not, however, mean it’s always an exact 50/50 split, as it depends on the couple’s marriage and circumstances.
Only marital property is subject to division. Marital property is any property acquired by the couple during the course of their marriage.
Debt is also divided between the spouses, leaving each spouse accountable for specific marital debts.
Alimony refers to the monetary support one spouse provides to the other. While alimony is not guaranteed in every divorce, a judge may find it necessary if, for example, there is a large income disparity or one spouse needs time to get on their feet.
If the couple has children, the divorce includes child custody, visitation, and support.
Child custody helps determine who the child will live with and how responsibility for the child will be handled between both parents. A judge will always make custody and visitation determinations based on the best interest of the child.
Child support refers to the monthly financial support one parent provides the other for the care and maintenance of the child. Similar to alimony, a judge considers many factors, including the custody arrangement, both parents’ income, and the ability each parent has to provide for their child.
Virginia Divorce Law Experience & Expertise
Regarded as seasoned family law attorneys, our litigation team is solely focused on divorce and family law, with over 35 years of combined experience to our name. Our long track record of successful divorce cases and family law disputes has been created with great pride in working alongside the area courts, judges, staff, clerks, and other divorce attorneys — and of course, our clients — to help clients to achieve favorable outcomes and resolve each case as smoothly as possible.
Not all divorce cases are equal. While we will do our best to help you settle your divorce amicably, if your case calls for litigation, we will help you achieve your goals.
Physical and legal custody issues, parenting time, child support modification, income withholding… we have handled every possible situation involving family law and have the experience to quickly recognize and take advantage of opportunities for favorable outcomes. We position your matter in its most favorable light.
A Tailored Approach
Divorce is almost always difficult, but it does not mean that every divorce is the same. We understand everyone’s case is different, and each client is unique, and we treat them as such. We take the time to get to know you and your goals, so we can tailor our approach to best fit your needs. This helps us do our job better and gets you one step closer to getting a fair resolution to your divorce.
Personal Service & Commitment
We can be aggressive in the courtroom, but we know that your divorce proceedings are not easy for you emotionally, mentally, or financially. Any attorney can “handle” your case, but at Curran Moher Weis, we care about you. We do our best to keep this difficult process civil while also working to shelter your children from the negativity that can surround the legalities of a divorce. Even after your case is concluded, we will be available to help you manage any post-judgment issues that may arise. We are busy (as all good professionals are), but we make ourselves available to you with prompt responses to your email and phone calls, keeping you informed and in the loop, and ensuring you are kept up to date on where your case stands.
Whether you are at the start of a divorce, in the throes of a difficult separation, or struggling through a serious family law issue, at Curran Moher Weis our best Fairfax Divorce Litigation Attorney can help you pursue a favorable resolution as many clients from Northern Virginia, and nearby. We invite you to discuss your situation with one of our capable Northern Virginia divorce attorneys. Contact us today at (571) 322-8472 or request a consultation.