Helpful Answers

  • June 23, 2022

    What should I expect in my first meeting with my attorney?

    You should expect your attorney to ask a number of questions about you and your overall situation. Your attorney should give you some advice on your situation at the initial meeting, including what to expect as you situation moves forward. Your attorney should also give you clear guidance on t...

  • June 23, 2022

    What preparations are needed for my initial consultation? What should I bring with me?

    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, comp...

  • June 23, 2022

    What assets are going to be a part of the divorce?

    The Commonwealth of Virginia has instituted laws that require courts to equitably divide marital assets in a divorce. Property that is part of equitable distribution can range from large to small, and everything in between (including the kitchen sink). Virginia classifies property into three ...

  • June 23, 2022

    What is the difference between marital, separate and hybrid properties?

    Marital property includes assets acquired during the marriage. Household items, joint bank accounts, funds accumulated into investments/retirement during the marriage, cars and homes titled to both spouses are all examples of marital property. Separate property includes any assets attained ...

  • June 23, 2022

    What factors will effect property division in Virginia?

    While Virginia strives for equitable distribution of marital property, this does not mean all property is divided 50-50 between the divorcing couple. The court will take into account: The contributions, monetary and non-monetary, of each party to the well-being of the family; The con...

  • June 23, 2022

    Who will decide how property is divided?

    The nature of the divorce will drive who essentially controls property division. In some circumstances the couple may make many or all asset decisions themselves, others find that the use of legal counsel and mediation are in their best interests. Other cases require the court to decide how pr...

  • June 23, 2022

    What is the process for filing a fault based divorce?

    There are a number of steps to the process of filing a fault based divorce: A spouse obtains legal counsel who prepares and files a complaint. The complaint and a summons are served to the other spouse. The spouse now has up to 21 days to respond to the complaint. Each spouse...

  • June 23, 2022

    What is separation and why is it important in a no fault divorce?

    According to Virginia law, separation occurs when a couple ceases to live together as husband and wife with the intent and purpose of divorcing. Typically, this occurs when one spouse moves out of the marital residence. However, in certain circumstances, it is possible for parties to live se...

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