Divorce Attorneys in Loudoun County

The divorce process can be messy and painful. It is often emotionally draining and confusing, especially when your situation involves children or a large number of assets. Even when a divorce is uncontested, difficulties may still arise. It often affects both your mind and your body.

However, having a knowledgeable divorce lawyer can ease your tensions. An experienced divorce attorney will know the process of divorce, divorce law, and all of the legal jargon you may need to get through the legal process. The right divorce lawyer in Loudoun County will fight on your behalf for the outcome that favors you best. ShounBach’s law office provides family law services throughout Northern Virginia. You can turn to our law firm for solid and effective legal representation to address whatever legal issue you are facing.

What Happens in a Divorce for Loudoun, Virginia Residents?

To file for divorce in Virginia, at least one spouse must be a resident of Virginia for at least six months before filing divorce paperwork. For new Virginia residents, that may mean that they need to wait six months after moving to the state before they can request a divorce. Once you meet the residency requirements, the below information outlines the normal divorce process in Loudoun County, Virginia.

Starting the Divorce Filing

The filing processes are slightly different for an uncontested divorce and a contested divorce. However, starting the divorce process requires the same initial filing regardless of whether the other spouse is contesting it. The initial filing is called the Complaint for Divorce.

The spouse who initially files the Complaint is called the plaintiff. The plaintiff must assert a legal reason (called grounds) for the divorce. Virginia, like many states, allows no-fault divorce and fault-based divorce.

Determine Whether You Are Filing a No-Fault Divorce or Divorce Based on Fault

A no-fault divorce requires that the spouses live “separate and apart” for at least six months if they do not have children and have a signed settlement agreement. The separation period is usually at least a year if they have children or if they do not have a signed agreement that resolves all issues between them. The time frame might also vary if the spouses cannot agree on the vital terms of the divorce as part of a settlement agreement.

The only way to file a Complaint before the separation period has passed, is to file for a divorce request based on fault. Then, the plaintiff must allege and be able to prove that the spouse is “at fault” for the divorce. This generally involves proving some type of misconduct by a spouse. Examples of fault grounds for divorce include:

• Adultery
• Sodomy or buggery
• Conviction of either spouse of a felony
• Willful desertion or abandonment for at least one year
• Cruelty (violence or the fear of violence, whether there are any protective orders in place)

Cases based on fault are often contested and may lead to a legal battle. In many situations, it might make more sense to simply wait the required amount of time and negotiate a settlement so you can file a no-fault divorce. However, that might not be an option in every situation.

Create a Settlement Agreement or Move Forward with Litigation

When filing an uncontested divorce, you work out the terms of the divorce settlement with your spouse. However, if any aspect of the divorce is contested or disputed, you will need to go through the contested divorce process. But it’s still good to try and resolve what you can so that you limit the issues that need to be litigated.

How Does Contested and Uncontested Divorce Differ in Loudoun County, Virginia?

Along with fault and no-fault, there are two additional terms to describe divorce in Loudoun County, Virginia: contested and uncontested. These terms are not exclusive to fault divorce or no-fault divorce; both types can be contested or uncontested.

Uncontested Divorce

In an uncontested divorce, the spouses will usually agree to live apart for at least six months or one year if they have children (the required waiting period for a no-fault divorce) and resolve all issues between them by settlement agreement. Once they complete that period, they will then file for divorce and include their settlement agreement as part of the filing.

During the waiting period, couples will usually work out the terms of their divorce agreement, including addressing various matters such as:

• Alimony or spousal support
• Child support
• Child custody
• Visitation
• Property settlement
• Visitation
• Attorney’s Fees

The couple must agree on every aspect of the divorce. Once they get their agreement on paper.

Keep in mind that you can file a fault-based, uncontested divorce. In those situations, the couple agrees that one party is at fault, and they have fully negotiated and settled the terms of their divorce. However, these situations are rare. It is much more common for the couple to agree to a no-fault divorce, which is also uncontested.

Contested Divorce

A contested divorce will be tried in front of a judge in Virginia. If the parties cannot agree on every aspect of the divorce, they must present their cases to a judge for a decision. This can include whether the divorce is based on fault.

Contested cases take a lot longer compared to uncontested divorce cases. Gathering and presenting evidence takes a lot of time. Where an uncontested case might take a few months, a contested case could take two or three times as long.

In some cases, a divorce proceeding might start as contested, but the spouses end up agreeing later. The parties can let the court know they have worked out a separation agreement and proceed as an uncontested matter, even after initially filing a contested divorce.

Bench Trials in a Divorce

Divorce cases in Virginia do not have jury trials. Even though the case is only presented to a Judge, Divorce cases can still take a day or two or several weeks from start to finish.

Once both sides present their case to the judge, they will issue an order that sets out their ruling and the terms of the divorce. Some judges take matters ‘under advisement’ and continue to review the evidence and consider each party’s position. In doing so, they will issue their ruling at a later date. As a result, it may take several weeks (or even months in complex situations) to receive a final order in your divorce case.

How Are Property Assets Divided in a Loudoun County Court?

Virginia uses the concept of equitable distribution when dividing assets during the divorce process. This concept essentially tries to divide the assets and debts of a marriage fairly. Equitable or fair does not always mean equal. Each case is different. The court will divide the assets based on the unique circumstances of the couple and their relationship. There is no presumption in Virginia that marital property is to be divided equally.

Marital Property vs. Separate Property

At the outset, it is important to note that the court will only divide marital property. Virginia code defines marital property as any property the spouse acquired or earned during the marriage.

The default rule is that all property acquired during the marriage is marital property unless it meets the definition of separate property. Separate property includes:

• Any property that the spouse had before the marriage
• All property acquired during the marriage because of inheritance or gift from someone other than the other spouse
• Property acquired during the marriage that was exchanged for or from the proceeds of sale from separate property, provided that separate property was maintained as individual property
• Income received from the separate property if it is not attributable to the personal effort of either party

In most cases if one party asserts that certain property is separate, they will need to prove that distinction to the court to keep it out of the marital property division.

Marital debt is distinguished in the same way as assets, so every debt acquired during the marriage is marital debt.

Dividing Property Under Equitable Distribution

When a court divides property, it will generally engage in the following analysis:

1. Is this property marital property?
2. What is the value of the property?
3. How should it be divided?

The court considers many factors when determining the division of property. This fact-intensive analysis will consider the following:

• Each spouse’s contribution to the family, including acquisition, care, and maintenance of martial property (contributions can be monetary or non-monetary)
• The length of the marriage
• Each spouse’s age, mental and physical health
• Each spouse’s individual and marital debts and liabilities
• Tax consequences of certain divisions
• How, when, and why the marital property was acquired
• Whether the court needs to consider any prenuptial agreements

In Virginia, the court will also consider bad behavior in the marriage, including things like wasting marital assets, being convicted of a crime, adultery, abuse, or other reasons.

The court can also use property division as means to hold one spouse accountable for spending or wasting marital assets. This type of division allows the court to address situations where one spouse decides to go on a spending spree just before or during the divorce process.

How Will Hiring a Lawyer Benefit Me in a Virginia Divorce?

An experienced family law attorney can provide a rational sounding board in a difficult divorce. They provide legal advice to address your family law matter in the most effective way possible, whether that is mediation or going to trial. In many family law cases, they can also help you communicate with your spouse about what you need and want during the divorce process. They will fight for your rights in front of a judge.

Because of the procedural requirements of divorce in Loudoun, it is especially important to have a divorce attorney in a contested divorce. They will help protect your rights, ensure that you meet deadlines, and present the most thorough case possible.

Divorce Can Be Difficult. Do Not Go It Alone.

ShounBach is one of the largest family law firms in the state of Virginia. Family law is one of our primary practice areas in addition to estate planning.

Our Loudoun, Virginia divorce lawyers serve all of Loudoun County, Fairfax County, Leesburg, Manassas, Reston, Alexandria, Sterling, Ashburn, Arlington, Prince William, and Herndon, just to name a few. We have the resources and years of experience you need to work through the divorce process in a timely manner. Do not face this difficult time alone — call 703-222-3333 to learn more about our legal services today.