Finding Your Path Through A Divorce In Virginia
Divorce is more than just the end of a marriage; it encompasses managing your shared assets, caring for your children and arranging support systems. Trying to represent yourself through these challenges in the name of keeping things civil can mean receiving an outcome that is less than you deserve. Many times, when individuals negotiate and sign agreements without legal advice, they don’t realize what rights they have waived until it is too late. Instead of settling for less in your divorce, let a skilled Virginia attorney help you through your divorce.
I am Nicole M. Burns, Attorney at Law, and as a lawyer who has been through the thick of family law since 2010, I understand these challenges intimately. As your legal representative, I can act on your behalf through every stage of your divorce, whether it needs to be resolved via litigation or collaboration.
The Difference Between Contested And Uncontested Divorce In Virginia
In Virginia, divorces are categorized as either contested or uncontested. Even if both parties agree that they want a divorce, if they do not agree on the resolution of custody, support and property division, they will need to work through those contested issues until a settlement is reached or a judge hears the case in court. Even when issues are contested at first, there are many avenues to settlement through collaboration, mediation and negotiations.
The needs of each case determine which method of resolution may be right for that family. When a settlement is possible, it is commonly less stressful than the alternative, a contested hearing. In a contested divorce that cannot be resolved, both parties present their situations to a court, and a judge ultimately decides the final arrangements of the divorce. People who go through the litigation process without an attorney are often at a disadvantage because they do not know how to navigate the many court requirements in each jurisdiction.
Resolution Through Collaborative Law
One method to reach a resolution is through Collaborative Law. Through Collaborative Law, you can pursue an alternative dispute resolution method that grants you more control over how and when your divorce is resolved. Collaborative divorces do waive your attorney-client privileges, but that is because each spouse and their lawyers are all working together to reach a common goal. I am certified in Collaborative Law and can help you determine whether it is a good fit for your situation.
No matter what resolution method is necessary for your unique needs, I will stand by your side through every step of the process. I am also prepared to consult with experts like financial planners and child psychologists to ensure that I am defending your best interests throughout your divorce and/or custody issues.
Frequently Asked Questions About Virginia Divorce
I know that if you are contemplating a divorce, you probably have a lot of questions. Here are some answers to questions that I frequently get asked. For answers to questions about your specific situation, I offer an initial consultation appointment where I can talk to you about your unique circumstances.
Does it matter where I file for divorce?
Yes, it matters where you file for divorce. You need to file in the state and county where you or your spouse live. If you live in Virginia and your ex lives in another state, you may have options. Filing in Virginia might be best if you meet the residency requirements. In Virginia, the divorce laws require that you or your spouse live here for at least six months before you can file for divorce.
If your ex moves out of state or to the other side of the DC metro area, it could affect things like child custody and the division of property because the laws vary from state to state based on the jurisdiction of your court. Always consult with your lawyer to determine the best place to file for your divorce. They can help you understand how different locations might impact your case.
How long does a divorce take in Pennsylvania?
In Pennsylvania, the duration of a divorce varies greatly based on your circumstances. If both parties can agree and settle all of the terms of your divorce, it could take as little as 90 days after filing. This is known as a no-fault divorce.
However, if there are disputes over property, custody or support, your divorce may take longer. Contested divorces can take a year or more to finalize. The court’s schedule and the complexity of your case also play a role. It’s essential to stay patient and communicate openly with your attorney.
Your lawyer will help guide you through each step, making sure you understand what’s happening and why. Remember, every divorce is unique, so timelines can differ. It’s crucial to focus on resolving issues fairly and amicably whenever possible.
Will I get to stay in my home?
Whether you get to stay in your home depends on various factors. The court will look at who can afford the mortgage and who will take care of the children, among other things. If you and your spouse can agree, you might be able to work out a deal.
Sometimes, one spouse buys out the other’s share of the home. In other cases, the home is sold, and the proceeds are divided. Talk to your attorney about your specific situation. Your lawyer can guide you on the best course of action. It’s important to keep an open mind and think about what’s best for everyone involved, especially the children.
Will I have to pay, or will I get alimony?
Alimony, also known as spousal support, depends on several factors, including the length of your marriage, your income and your spouse’s income. The court also considers your needs and your spouse’s needs. If you earn more, you might have to pay alimony. If you earn less, you might receive it.
By design, spousal support is meant to make sure that both spouses can maintain a reasonable standard of living. Support can be temporary or permanent, depending on your situation. Discuss your financial circumstances with your attorney. Your lawyer will help you understand what to expect.
Can I get custody of my kids?
You can seek custody of your kids, but the court makes custody decisions based on what is in their best interests. Factors that the court will consider include:
- Your relationship with the children
- Your ability to provide for them
- The children’s needs
Both parents have the right to seek custody. The court may award joint custody, where both parents share responsibilities, or sole custody, where one parent has primary responsibility. An experienced child custody lawyer can help you present a strong case. Your lawyer can guide you on how to demonstrate that you are a fit parent. Remember, the focus is on what’s best for your children. Keep their well-being at the forefront of your discussions.
Compassionate Guidance To Pursue Ideal Outcomes
My religious beliefs grant me a compassionate perspective while I offer my legal support. While my focus remains on providing inclusive and dedicated legal services to all of my clients, I also motivate myself with my emotional connections to these issues to pursue the ideal outcome in my clients’ situations.
Start Your Journey To A New Beginning
Divorce can be a challenging journey, but you don’t have to walk it alone. If you are ready to meet at my Reston office, by phone or virtually, to discuss your divorce and how I can help, contact me by calling 703-373-4761 or emailing me here. The sooner you take the first step, the sooner I can begin helping you.