Ending a marriage can be a stressful time – emotionally and financially. On top of everything else, the legal process of getting divorced is far from simple. You must meet many requirements, and complications can arise that make the process more complicated. Through it all, you want to protect your rights and future.
The best thing you can do is seek help from a divorce attorney who can guide you through the process. At Curran Moher Weis, our lawyers represent spouses in all types of divorce cases, from uncontested matters to highly contentious cases requiring litigation. If you believe that a divorce is in your future, please reach out today for more information.
Each state has its own divorce laws, and the law in Virginia can be complex and confusing. First, you or your spouse must have lived in the state for at least six months prior to filing the divorce petition.
You must cite grounds for your divorce, which can be fault-based or no-fault in Virginia. Fault-based divorces can cite adultery, cruelty, felony convictions, or desertion, and the petitioning spouse will need to prove the misconduct to the court. No-fault divorces do not require proof of misconduct, but they do require you to be separated for a year (or six months if you have a separation agreement and no children).
You can also obtain a legal separation, which is called a divorce from bed and board in Virginia. This is not necessary to meet the separation requirements for a divorce, but it can help oversee finances and child custody during your separation period. Our team can assist with separation agreements, as well as divorce cases.
Once you file for divorce, the law requires you to resolve many issues before you can legally end your marriage. These include:
Once the family court is satisfied with your resolution of all relevant issues, the judge can issue your final divorce order. Our Virginia divorce lawyers help our clients reach this stage as efficiently as possible, and each case can take a different path.
There are different ways that spouses can resolve issues in their divorce cases. First, our attorneys can informally negotiate with your spouse’s attorney to see if we can reach a middle ground right out of the gate. Sometimes, spouses will agree to divorce terms before contacting a lawyer. Even if your divorce is uncontested, you still want our legal professionals to review your proposed agreement to ensure it is in line with your rights and Virginia law.
If negotiations do not resolve every issue, we can represent you during mediation. A third-party mediator will work to facilitate conversation and compromise between you and your spouse. You want legal counsel throughout this process.
If you cannot reach an agreement out of court, your case will need to go to litigation, and we will present your case to the judge.
Some spouses opt to enter into a collaborative divorce. This is a specific process where spouses and their attorneys agree to keep matters out of court. We help many people resolve their divorce cases through collaborative divorce, and we can discuss whether this is right for you.
Following a divorce, you might need to adjust your custody or financial support orders. Our team can assist with post-divorce modifications and ensure that your orders are fair and appropriate for changing circumstances.
In addition to divorce cases, our firm handles all types of family law matters, including prenuptial agreements, custody cases outside of divorce, domestic violence issues, and more. We are a full-service family law firm ready to assist you.
The divorce attorneys at Curran Moher Weis have combined decades of experience assisting clients and their families through difficult legal issues. Divorce and other family law cases can take an emotional and practical toll, and we are here for legal support.
If you are considering a divorce, we can discuss your options and what you might expect. We seek the best possible outcome in every case for you, your children, and your future. Contact us to learn more in a consultation today.
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