Divorce Attorneys in McLean, Virginia

Divorce can be a difficult time as you go through a split with the person you thought would be your spouse forever. It can be emotionally taxing and financially draining. Even when a divorce is uncontested, it can still be hard and stressful on your mind and body. Hiring the McLean divorce lawyers at ShounBach can ease your tensions. An experienced attorney will know the divorce process, understand the legal jargon that comes with it, and fight for the outcome that favors you best.

What Happens in a Divorce for McLean, Virginia Spouses?

Most Virginia divorce process begins with a separation lasting at least six months. If the couple has children, the separation must be for one year.

After a separation period of one year, a complaint for divorce is filed with the Virginia circuit courts. If the divorce is uncontested — that is, the couples agree on every aspect of the split — the courts can finalize the divorce quickly. If the couple disagrees on any aspect of the separation, no matter how small, the divorce is contested and can take longer to resolve.

Virginia recognizes two types of divorce, further complicating matters. The first is a divorce from bed and board, which can be granted after the six-month separation. It means the couple remains married but are separated. After one year of separation, the couple can file to merge the decree into a divorce from the bonds of matrimony. This is a complete divorce that allows both members of the couple to seek a new marriage.

If you are unsure how to pursue your divorce and need legal advice, guidance, or legal representation, the northern Virginia family law firm of ShounBach offers full legal services in these practice areas. Our divorce lawyers serving McLean are well-versed and experienced in all areas of family law and are ready to listen to you. Just call 703-222-3333 or complete our online contact form to talk with a team member today.

What Are the Fault-Based Grounds for Divorce in McLean, Virginia?

In practical terms, a no-fault divorce in Virginia simply requires the couple to undergo their period of separation, resolve any issues that they may have by agreement and then file for divorce. Divorce law in Virginia, however, requires that all divorces have grounds. Separation for a period of six months to a year (depending on the presence minor of children) constitutes grounds for a no-fault divorce.

Fault-based divorces, however, require specific grounds. These include the following.

Adultery, Buggery, or Sodomy

Adultery is a misdemeanor crime in Virginia and is grounds for a divorce. Other divorce grounds include sexual acts other than intercourse (sodomy) and sexual acts against nature (buggery). For any of these, clear and convincing evidence must be presented.

Cruelty

Cruelty in marriage includes the reasonable fear of bodily harm. If one spouse feels that living with the other is unsafe, which can include neglect, mental anguish, and humiliation that are so severe and repeated that they make living conditions intolerable, this is grounds for a divorce.

Willful Desertion or Abandonment

Willful desertion means that one spouse breaks off cohabitation and leaves the marital home with the intent of deserting the other. This does not include situations where a spouse flees in fear of their safety or due to cruelty. It involves willful separation without any justification with an intent to remain separate.

Criminal Conviction of a Felony

If a spouse is convicted of a felony, receives a prison sentence of more than a year, or is currently in prison, the other spouse may file for a divorce. Separation is required after one spouse learns of the confinement before petitioning for divorce.

How Do Contested Divorces and Uncontested Divorces Differ in McLean, Virginia?

Uncontested divorces are rare in Virginia compared to contested divorce cases. Uncontested divorces mean that the couple agrees on absolutely every aspect of the divorce. These divorces can take only a few months to finalize.

If the couple disagrees on any aspect of the split, no matter how small it is, the divorce becomes contested. Very often, divorces that start contested become uncontested during the process. These divorce cases can take up to two years to finalize. Contested divorces can also arise from fault-based grounds for the divorce.

In the end, it is always better to speak with VA divorce lawyers when facing a divorce in our state. When issues of spousal support, child custody, and property division come into the picture, disagreements often arise. It is much better to have a knowledgeable family law firm serving McLean in your corner who can help with these legal issues, be a rational voice, and help you get a fair and equitable distribution of property from your marriage.

Who Receives Child Custody After a Divorce in McLean?

There are two types of custody in Virginia: physical custody and legal custody. Physical custody refers to the parent the child lives with the majority of the time. Legal custody refers to the parent who can make decisions that affect the child’s life such as where they go to school, who their doctor is, their social groups, their extracurricular activities, and the like.

Under Virginia law, the courts always give primary consideration to the child’s best interest. Custody may be awarded as joint or sole. Joint custody means parents share custody, while sole custody means only one parent has custody. As a rule, the courts prefer that parents share joint legal custody (i.e. who makes important decisions impacting the child) where possible, even if one parent has sole physical custody.

Property Division in a Virginia Divorce

Virginia uses an equitable distribution of property, which does not mean that the property is divided equally down the middle. It means that all assets and debts acquired during the marriage are divided in a manner that is fair and equitable, bit that does not necessarily mean equally.

In determining the division of assets and debts, the courts consider each spouse’s contribution to the marriage, both monetary and non-monetary. They will look at the length of the marriage, each spouse’s age and health, and how all property was acquired. They will consider liquid and non-liquid property and any tax consequences involved. They may also consider bad behavior in fault-based divorces.

What Are the Benefits of Hiring a Divorce Attorney Serving McLean?

Family law attorneys serving McLean, VA can help protect your rights. Our law offices can represent you and help fight for your rights as a parent in child custody issues. We can help you fight for the alimony or spousal support and marital assets you deserve. Divorce can be messy and painful, and our years of experience can help smooth the process. We will be a calm and rational voice when you cannot be rational, and we will remind you of your rights and responsibilities.

We can help you avoid making costly mistakes and help you collaborate with your former spouse when needed, but we will also tell you when the time comes to fight for what is yours. We can also stand up to your spouse’s divorce attorney when they push for too much. We can represent you in court and help you fight for an equitable property division.

In short, we will be the friend and ally you need in your divorce, just when you need one the most. Do not go at it alone when you face a difficult separation. Let us stand by your side. From Fairfax to Arlington, McLean, and beyond, we are here for you.

Ready to Be Free From Your Spouse?

The ShounBach law office is one of the largest family law firms in Virginia, serving McLean, Northern Virginia, and communities as diverse as Alexandria, Arlington, Fairfax, Falls Church, Leesburg, Manassas, Reston, Tysons Corner, and Vienna. Several of our attorneys are listed as Super Lawyers, and we are an award-winning family law firm. We deeply value our client relationships, are well-versed in a wide range of family law matters, and provide comprehensive legal services.

We will be by your side the entire way. Whether it is for issues of alimony, child support, or the division of assets, we will help you fight to get what is yours. Contact us or call us (702) 222-3333 today to find out what our legal services can do for you.