Divorce can be difficult; there’s absolutely no question about it. It can be incredibly challenging if minor children are involved and the divorcing parents can’t amicably work out their disagreements. Ending a marriage can be an emotionally fraught time as it brings much uncertainty over each family member’s personal future and their future together.
The Manassas, VA divorce lawyers at Curran Moher Weis fully empathize with the trials our clients face. We also recognize that each divorce case presents a unique set of facts and legal issues, requiring a creative approach combined with an in-depth understanding of Virginia family law and court procedures.
If you are facing a divorce or are simply beginning to gather information to make important decisions for your family, reach out to our compassionate Manassas divorce lawyer for assistance.
A divorce decree is a legal document that serves as proof of the end of a legal marriage. It is the final judgment from the divorce court containing essential information about your case, including:
Since a divorce decree is considered a court order, both ex-spouses are bound by its terms, and both can take necessary actions to enforce it. For example, if one spouse isn’t paying alimony as spelled out by the divorce decree, the other spouse can inform the judge and have them legally forced to abide by it.
Additionally, if you have decided to go back to using a former name, such as your married name, you can typically do that in your divorce. When a judge grants your name request, the divorce decree will include the court’s order for your name change. You can then use your divorce decree as proof that you legally changed your name.
Divorce decrees are designed to be permanent. However, Virginia family courts recognize that there are life circumstances that may warrant a change or modification to the decree. Under limited circumstances, they will consider making changes; however, those changes are generally limited to alimony, child custody, or child support. The division of assets and debts can’t be changed.
If you believe there is a reason to modify your divorce decree, it’s best to first discuss it with your divorce attorney. They can tell you if the change is necessary and would potentially be approved by a judge. If so, you or your attorney can approach your ex-spouse or their attorney with the proposed changes.
Depending on the specific circumstances, your ex-spouse might agree to the changes. At that point, it’s imperative to have a judge sign off on the changes making them legal. That way, in the future, your ex can’t come back and accuse you of not abiding by the divorce decree’s orders when you were simply abiding by the changes you both agreed to.
If your ex doesn’t agree to the changes, then your attorney will need to petition the judge for the changes. A judge might consider changes to a divorce decree under the following circumstances:
Prenuptial agreements, also called prenups, can make divorce much easier, quicker, and less expensive. However, they must be enforceable. If they aren’t, a judge won’t use them in your divorce, and you will go through the divorce process as if you never had one at all. Some reasons why a prenup might be unenforceable include the following:
If you are getting divorced and have a prenuptial agreement, be sure you bring it to the attention of your divorce lawyers in Manassas so they can review it.
The seasoned divorce lawyer at Curran Moher Weis can ensure that your rights are protected both during and after your divorce. If you´re in Manassas VA & nearby, start protecting them today by calling us at (571) 328-5020 or getting in touch online.
G.B.
Brad
K.H.
Jacquelyn
