Family Law & Divorce

That depends on why you are getting divorced. If your divorce is granted because you and your spouse have been separated for the requisite period of time, commonly called a “No-Fault Divorce” then it will cost a flat fee of $800.00. If you are seeking a “Fault Divorce” you will need to speak to an attorney about your circumstances before we can give you an estimate of the cost for your divorce.

Judges calculate child support using specific guidelines that factor each parent’s incomes, along with healthcare and daycare expenses for the children, to determine each parents support obligations. Although these guidelines establish a presumptive obligation, unique circumstances allow the court to deviate from the guidelines.

All contributions made to your spouse’s retirement accounts during the marriage is considered a marital asset and assume to be owned jointly. You may be entitled to receive a portion of your spouse’s retirement accounts through a Qualified Domestic Relations Order which transfers those funds to you without incurring penalties and tax liabilities associated with early withdrawals. Make sure to make your attorney aware of any retirement accounts during your consultation.

Virginia is a “no-fault divorce” state, which means that there doesn’t need to be any showing of wrongdoing on the part of one spouse for the other to file for divorce. Generally filing for a no-fault divorce requires irreconcilable differences between the parties and a period of separation.  Six months of separation if you don’t have children with your spouse, 12 months if you do.  At the end of that separation period you can file for a no-fault divorce with the court.

Divorce does not require that you enter a physical courtroom unless you and your former spouse cannot agree to all of the terms.  If the two of you can agree, everything is done by mail and a judge signs the order without ever seeing either of you.

To get the most out of your consultation, bring copies of tax returns, income documentation, retirement and/or pension plan statements, any evidence that bolsters your allegations, financial documents regarding your home like mortgages and appraisals,  recent bank statements for both spouses, and if there is an existing order in your case, the court-ordered documents.

While the Juvenile and Domestic Relations Court handles all cases involving juveniles – including juvenile crime, child abuse and/or neglect, in Virginia, disputes that are between household and family members are also heard in the Juvenile and Domestic Relations Court.  This court was established to hear these hearings specifically because disputes between household and family members are unique and each family unit is unique in its own right.

There is nothing that you need to do.  Virginia recognized valid same sex marriages from all other states.

No.  A civil union is not a marriage and it does not provide the same protections or benefits.  If your goal is to be married, you need to obtain a marriage license from the Circuit Court where you reside.

The Code of Virginia defines family abuse as any act involving violence, force or threat that results in bodily injury or places one in reasonable apprehension of death, sexual assault or bodily injury.  There are different types of domestic violence or abuse and each is varied and unique to every individual.  Generally speaking, domestic violence or abuse can be defined as physical or emotional harm committed against yourself and/or your family.  Physical domestic violence or domestic assault is a crime in Virginia.

In Virginia you can seek a protective order from the magistrate or the court to “protect” the alleged victim from harm and/or contact.  The restrictions contained in the protective order depend on the situation and the type of protective order issued, but generally, they prohibit any further acts of abuse and/or contact between the parties, including third party contact.   There are three different levels of protective orders that can be issued:

1. Emergency Protective Order – issued by a magistrate or law enforcement and it expires after 72 hours
2. Preliminary Protective Order – issued by a judge and generally expires after 15 days
3. Permanent Protective Order – issued by a judge and generally expires after 2 years.

If you need immediate assistance with domestic abuse, it is best to contact local law enforcement and/or the local magistrate.  Most magistrate offices are open 24 hours a day.

Most definitely.  An experienced attorney can help resolve legal issues that arise as well as provide guidance and recommend available resources to aid in dealing with domestic violence issues.  Domestic violence or abusive relationships can be complex.  The law has various resources and tools available for use.  It is important to consult with someone who can help you to navigate and use the resources available to you.

Virginia Code § 16.1-228 defines a family or household member as:

• the person’s spouse, whether or not he or she resides in the same home with the person,
• (ii) the person’s former spouse, whether or he or she resides in the same home with the person,
• (iii) the person’s parents, stepparents, children, stepchildren, brothers, sisters, half-brothers, half-sisters, grandparents and grandchildren, regardless of whether such persons reside in the same home with the person,
• (iv) the person’s mother-in-law, father-in-law, sons-in-law, daughters-in-law, brothers-in-law and sisters-in-law who reside in the same home with the person,
•  (v) any individual who has a child in common with the person, whether or not the person and that individual have been married or have resided together at any time, or
• (vi) any individual who cohabits or who, within the previous 12 months, cohabited with the person, and any children of either of them then residing in the same home with the person he or she resides in the same home with the person.