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Divorce Virginia Law Prince William Resident 20-97

26 Thursday Dec 2013

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Divorce Residency Requirements In Prince William – Virginia Lawyers

Divorce Residency Requirements In Prince William Virginia

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PRINCE WILLIAM VIRGINIA- DIVORCE, AFFIRMATION AND ANNULMENT STATUTE WITH TABLE

Va. Code Ann. 20-97

20-97. Domicile and residential requirements for such suits

No suit for annulling a marriage or for divorce shall be maintainable, unless one of the parties is and has been an actual bona fide

resident and domiciliary of this Commonwealth for at least six months preceding the commencement of the suit; nor shall any suit for affirming a marriage be

maintainable, unless one of the parties be domiciled in, and is and has been an actual bona fide resident of this Commonwealth at the time of bringing such suit.
For the purposes of this section only:

  • If a member of the armed forces of the United States has been stationed or resided in this Commonwealth and has lived for a

    period of six months or more in this Commonwealth next preceding the commencement of the suit, then such person shall be presumed to be domiciled in and to have been a

    bona fide resident of this Commonwealth during such period of time.

  • Being stationed or residing in the Commonwealth includes, but is not limited to, a member of the armed forces being stationed

    or residing upon a ship having its home port in this Commonwealth or at an air, naval or military base located within this Commonwealth over which the United States

    enjoys exclusive federal jurisdiction.

  • Any member of the armed forces of the United States or any foreign service officer of the United States who (i) at the time

    the suit is commenced is, or immediately preceding such suit was, stationed in any territory or foreign country and (ii) was domiciled in the Commonwealth for the six

    month period immediately preceding his being stationed in such territory or country, shall be deemed to have been domiciled in and to have been a bona fide resident of

    the Commonwealth during the six months preceding commencement of a suit for annulment or divorce.

  • Upon separation of the husband and wife, the wife may establish her own and separate domicile, though the separation may have

    been caused under such circumstances as would entitle the wife to a divorce or annulment.

PRINCE WILLIAM VIRGINIA- DOMICILE AND RESIDENTIAL REQUIREMENTS

Virginia Statute

Description

Conditions

Va. Code Ann. 20-97 Conditions for annulling a marriage or for divorce suit One of the parties is and has been an actual bona fide resident and domiciliary of the Commonwealth for at least six months preceding the

commencement of the suit

Va. Code Ann. 20-97 Conditions to be satisfied for any suit affirming a marriage One of the parties be domiciled in, and is and has been an actual bona fide resident of the Commonwealth at the time of bringing such

suit.

Va. Code Ann. 20-97(1) When a member of the armed forces is presumed to be domiciled in and to have been a bona fide resident of the Commonwealth A member of the armed forces of the United States has been stationed or resided in the Commonwealth and has lived for a period of six

months or more in this Commonwealth next preceding the commencement of the suit.

Va. Code Ann. 20-97(2) When a member of the armed forces is considered to be stationed or residing in the Commonwealth It includes, but is not limited to, a member of the armed forces being stationed or residing upon a ship having its home port in the

Commonwealth or at an air, naval or military base located within the Commonwealth over which the United States enjoys exclusive federal jurisdiction.

Va. Code Ann. 20-97(3) When a member of the armed forces shall be deemed to have been domiciled in and to have been a bona fide resident of the Commonwealth

during the six months preceding commencement of a suit for annulment or divorce.

A member of the armed forces

  1. At the time the suit is commenced is, or immediately preceding such suit was, stationed in any territory or foreign country and
  2. Was domiciled in the Commonwealth for the six month period immediately preceding his being stationed in such territory or country,
Va. Code Ann. 20-97(4) Upon separation of the husband and wife, the wife may establish her own and separate domicile, though the separation may have

been caused under such circumstances as would entitle the wife to a divorce or annulment.

Divorce Residency Requirements In Prince William Virginia

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A Sris
Sris Law Group
1-703-278-0405

Prince William Divorce Process Virginia Law 20-99.2

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Process For A Divorce In Prince William – Virginia Lawyers

Process For A Divorce In Prince William Virginia

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Va. Code Ann. 20-99.2.

20-99.2. Service in divorce and annulment cases

  • In any suit for divorce or annulment or affirmation of a marriage, process may be served in any manner authorized under 8.01-

    296 or 8.01-320.

  • Any such process served prior to July 1, 1984, shall not be invalidated solely because service was made as prescribed under

    8.01-296.

Virginia Statute

Description

Conditions

Va. Code Ann. 20-99.2.divorce and annulment In any suit for divorce or annulment or affirmation of a marriage. Process may be served in any manner authorized under 8.01-296 or 8.01-320.
Any such process served prior to July 1, 1984. Shall not be invalidated solely because service was made as prescribed under 8.01-296.

Process For A Divorce In Prince William Virginia

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Sris Law Group
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Divorce Pendente Lite Prince William Virginia Law 20-103

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Pendente Lite For A Divorce In Prince William – Virginia Lawyers

Pendente Lite For A Divorce In Prince William Virginia

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Virginia Code 20-103. Court may make orders pending suit for divorce, custody or

visitation, etc.

  • In suits for divorce, annulment and separate maintenance, and in proceedings arising under subdivision A 3 or subsection L of

    16.1-241, the court having jurisdiction of the matter may, at any time pending a suit pursuant to this chapter, in the discretion of such court, make any order that

    may be proper (i) to compel a spouse to pay any sums necessary for the maintenance and support of the petitioning spouse, including (a) an order that the other spouse

    provide health care coverage for the petitioning spouse, unless it is shown that such coverage cannot be obtained, or (b) an order that a party pay secured or

    unsecured debts incurred jointly or by either party, (ii) to enable such spouse to carry on the suit, (iii) to prevent either spouse from imposing any restraint on the

    personal liberty of the other spouse, (iv) to provide for the custody and maintenance of the minor children of the parties, including an order that either party or

    both parties provide health care coverage or cash medical support, or both, for the children, (v) to provide support, calculated in accordance with 20-108.2, for any

    child of the parties to whom a duty of support is owed and to continue to support any child over the age of 18 who meets the requirements set forth in subsection C of

    20-124.2, (vi) for the exclusive use and possession of the family residence during the pendency of the suit, (vii) to preserve the estate of either spouse, so that it

    be forthcoming to meet any decree which may be made in the suit, or (viii) to compel either spouse to give security to abide such decree. The parties to any petition

    where a child whose custody, visitation, or support is contested shall show proof that they have attended within the 12 months prior to their court appearance or that

    they shall attend within 45 days thereafter an educational seminar or other like program conducted by a qualified person or organization approved by the court except

    that the court may require the parties to attend such seminar or program in uncontested cases only if the court finds good cause. The seminar or other program shall be

    a minimum of four hours in length and shall address the effects of separation or divorce on children, parenting responsibilities, options for conflict resolution and

    financial responsibilities. Once a party has completed one educational seminar or other like program, the required completion of additional programs shall be at the

    court’s discretion. Parties under this section shall include natural or adoptive parents of the child, or any person with a legitimate interest as defined in 20-124.1.

    The fee charged a party for participation in such program shall be based on the party’s ability to pay; however, no fee in excess of $50 may be charged. Whenever

    possible, before participating in mediation or alternative dispute resolution to address custody, visitation or support, each party shall have attended the educational

    seminar or other like program. The court may grant an exemption from attendance of such program for good cause shown or if there is no program reasonably available.

    Other than statements or admissions by a party admitting criminal activity or child abuse, no statement or admission by a party in such seminar or program shall be

    admissible into evidence in any subsequent proceeding.

  • In addition to the terms provided in subsection A, upon a showing by a party of reasonable apprehension of physical harm to

    that party by such party’s family or household member as that term is defined in 16.1-228, and consistent with rules of the Supreme Court of Virginia, the court may

    enter an order excluding that party’s family or household member from the jointly owned or jointly rented family dwelling. In any case where an order is entered under

    this paragraph, pursuant to an ex parte hearing, the order shall not exclude a family or household member from the family dwelling for a period in excess of 15 days

    from the date the order is served, in person, upon the person so excluded. The order may provide for an extension of time beyond the 15 days, to become effective

    automatically. The person served may at any time file a written motion in the clerk’s office requesting a hearing to dissolve or modify the order. Nothing in this

    section shall be construed to prohibit the court from extending an order entered under this subsection for such longer period of time as is deemed appropriate, after a

    hearing on notice to the parties. If the party subject to the order fails to appear at this hearing, the court may extend the order for a period not to exceed six

    months.

  • In cases other than those for divorce in which a custody or visitation arrangement for a minor child is sought, the court may

    enter an order providing for custody, visitation or maintenance pending the suit as provided in subsection A. The order shall be directed to either parent or any

    person with a legitimate interest who is a party to the suit.

  • Orders entered pursuant to this section which provide for custody or visitation arrangements pending the suit shall be made in

    accordance with the standards set out in Chapter 6.1 ( 20-124.1 et seq.). Orders entered pursuant to subsection B shall be certified by the clerk and forwarded as soon

    as possible to the local police department or sheriff’s office which shall, on the date of receipt, enter the name of the person subject to the order and other

    appropriate information required by the Department of State Police into the Virginia crime information network system established and maintained by the Department of

    State Police pursuant to Chapter 2 ( 52-12 et seq.) of Title 52. If the order is later dissolved or modified, a copy of the dissolution or modification shall also be

    certified, forwarded and entered in the system as described above.

  • E. An order entered pursuant to this section shall have no presumptive effect and shall not be determinative when adjudicating

    the underlying cause

Virginia Statute

Description

Orders that can be made

Virginia Code 20-103(A) In suits for divorce, annulment and separate maintenance, and in proceedings arising under subdivision A 3 or subsection L of 16.1-241

orders can be made.

The Court may make order:

  • To compel a spouse to pay any sums for the maintenance and support of the petitioning spouse, including providing health care coverage or paying secured or

    unsecured debts incurred jointly or by either party,

  • To enable such spouse to carry on the suit,
  • To prevent either spouse from imposing any restraint on the other spouse’s personal liberty
  • To provide for minor children’s custody and maintenance including providing health care coverage or cash medical support, or both, for the children,
  • To provide support, calculated in accordance with 20-108.2, for any child of the parties to whom a duty of support is owed and to continue to support any

    child over the age of 18 who meets the requirements set forth in subsection C of 20-124.2,

  • For the exclusive use and possession of the family residence during the pendency of the suit,
  • To preserve the estate of either spouse, so that it be forthcoming to meet any decree which may be made in the suit, or
  • To compel either spouse to give security to abide such decree.

 

Conditions:

  1. In custody, visitation, or support petition parties should have attended within the 12 months prior to their court appearance or that they shall attend

    within 45 days thereafter an educational seminar or other like program conducted by a qualified person or organization approved by the court. If good cause is found,

    the Court may order the [arties in uncontested case also to attend such program.

  2. The seminar or other program shall be a minimum of four hours in length and shall address the effects of separation or divorce on children, parenting

    responsibilities, options for conflict resolution and financial responsibilities.

  3. Once a party has completed such seminar or program, the required completion of additional programs shall be at the court’s discretion.
  4. Parties under this section shall include natural or adoptive parents of the child, or any person with a legitimate interest as defined in 20-124.1.
  5. The fee charged a party for participation in such program shall be based on the party’s ability to pay; however, no fee in excess of $50 may be

    charged.

  6. Whenever possible, before participating in mediation or alternative dispute resolution to address custody, visitation or support, each party shall have

    attended the educational seminar or other like program.

  7. The court may grant an exemption from attendance of such program for good cause shown or if there is no program reasonably available.
  8. Other than statements or admissions by a party admitting criminal activity or child abuse, no statement or admission by a party in such seminar or program

    shall be admissible into evidence in any subsequent proceeding

Virginia Code 20-103(B) Upon a showing by a party of reasonable apprehension of physical harm to that party by such party’s family or household member as that

term is defined in 16.1-228, and consistent with rules of the Supreme Court of Virginia, the court may enter certain orders.

An order excluding that party’s family or household member from the jointly owned or jointly rented family dwelling may be entered by the

Court.

Conditions:

  1. Where an order is entered pursuant to an ex parte hearing, the order shall not exclude a family or household member from the family dwelling for a period

    in excess of 15 days from the date the order is served, in person, upon the person so excluded.

  2. The order may provide for an extension of time beyond the 15 days, to become effective automatically.
  3. The person served may at any time file a written motion in the clerk’s office requesting a hearing to dissolve or modify the order.

Nothing in this section shall be construed to prohibit the court from extending an order entered under this subsection for such longer period of time as is deemed

appropriate, after a hearing on notice to the parties. If the party subject to the order fails to appear at this hearing, the court may extend the order for a period

not to exceed six months.

Virginia Code 20-103(C) In cases other than those for divorce in which a custody or visitation arrangement for a minor child is sought, the court may enter an

order.

Order providing for custody, visitation or maintenance pending the suit as provided in subsection A.The order shall be directed to either

parent or any person with a legitimate interest who is a party to the suit

Virginia Code 20-103(D) Procedure regarding the orders:

  1. Orders entered pursuant to this section which provide for custody or visitation arrangements pending the suit shall be made in accordance with the

    standards set out in Chapter 6.1 ( 20-124.1 et seq.).

  2. Orders entered pursuant to subsection B shall be certified by the clerk and forwarded as soon as possible to the local police department or sheriff’s

    office which shall, on the date of receipt, enter the name of the person subject to the order and other appropriate information required by the Department of State

    Police into the Virginia crime information network system established and maintained by the Department of State Police pursuant to Chapter 2 ( 52-12 et seq.) of Title

    52.

  3. If the order is later dissolved or modified, a copy of the dissolution or modification shall also be certified, forwarded and entered in the system as

    described above.

Virginia Code 20-103(E) An order entered pursuant to this section shall have no presumptive effect and shall not be determinative when adjudicating

the underlying cause

Pendente Lite For A Divorce In Prince William Virginia.

We will do our absolute best to help you get the best result possible based on the facts of your case.

A Sris
Sris Law Group
1-703-278-0405

Divorce Custody Support Children Prince William Virginia Law 20-107.2

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Divorce & Custody And Support Of Minor Children In Prince William  – Virginia Lawyers

Divorce & Custody And Support Of Minor Children In Prince William Virginia

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§ 20-107.2. Court may decree as to custody and support of minor

children.

Upon entry of a decree providing (i) for the dissolution of a marriage, (ii) for a divorce, whether from the bond of matrimony or from

bed and board, (iii) that neither party is entitled to a divorce, or (iv) for separate maintenance, the court may make such further decree as it shall deem expedient

concerning the custody or visitation and support of the minor children of the parties as provided in Chapter 6.1 (§ 20-124.1 et seq.) of Title 20, including an order

that either party or both parties provide health care coverage or cash medical support, or both.

Virginia Statute Description Conditions
Virginia Code § 20-107.2 In certain circumstances upon entry of a decree, the court may make such further decree as it shall deem expedient concerning the custody

or visitation and support of the minor children of the parties including an order that either party or both parties provide health care coverage or cash medical

support, or both.

Upon entry of a decree providing for the following:

  • for the dissolution of a marriage,
  • for a divorce, whether from the bond of matrimony or from bed and board,
  • that neither party is entitled to a divorce, or
  • for separate maintenance, the court may make such further decree as it shall deem expedient concerning the custody or visitation and support of the minor

    children of the parties as provided in Chapter 6.1 (§ 20-124.1 et seq.) of Title 20, including an order that either party or both parties provide health care coverage

    or cash medical support, or both

Divorce & Custody And Support Of Minor Children In Prince William Virginia.

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A Sris
Sris Law Group
1-703-278-0405

Violation Court Order Custody Visitation Prince William Virginia Law 18.2-49.1

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Charged With Violating A Court Order Regarding Custody/Visitation Defense In Prince William – Virginia Lawyers

There are many different penalties for Violating A Court Order Regarding Custody/Visitation charges in Prince William Virginia.

If you have been charged with Violating A Court Order Regarding Custody/Visitation in Virginia, contact our law firm

immediately for help.

Violating A Court Order Regarding Custody/Visitation Defense In Prince William Virginia

We will do our absolute best to help you get the best result possible based on the facts of your case.

Va. Code Ann. §18.2-49.1

§ 18.2-49.1. Violation of court order regarding custody and visitation; penalty

A. Any person, who knowingly, wrongfully and intentionally withholds a child from either of a

child’s parents or other legal guardian in a clear and significant violation of a court order respecting the custody or visitation of such child, provided such child

is withheld outside of the Commonwealth, is guilty of a Class 6 felony.

B. Any person who knowingly, wrongfully and intentionally engages in conduct that constitutes a

clear and significant violation of a court order respecting the custody or visitation of a child is guilty of a Class 3 misdemeanor upon conviction of a first offense.

Any person who commits a second violation of this section within 12 months of a first conviction is guilty of a Class 2 misdemeanor, and any person who commits a third

violation occurring within 24 months of the first conviction is guilty of a Class 1 misdemeanor.

VIOLATION OF COURT ORDER REGARDING CUSTODY AND VISITATION; PENALTY

Virginia Statute

Description

Penalties

Va. Code Ann. §18.2-49.1.KIDNAPPING AND RELATED OFFENSES. Any person, who knowingly, wrongfully and intentionally withholds a child from either of a child’s parents or other legal guardian in a

clear and significant violation of a court order respecting the custody or visitation of such child, provided such child is withheld outside of the Commonwealth.

Class 6 felony.
Any person who knowingly, wrongfully and intentionally engages in conduct that constitutes a clear and significant violation

of a court order respecting the custody or visitation of a child

First violation Class 3 misdemeanor
Second violation within 12 months of a first conviction Class 2 misdemeanor,
Third violation occurring within 24 months of the first conviction Class 1 misdemeanor.

Violating A Court Order Regarding Custody/Visitation Defense In Prince William Virginia

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A Sris
Sris Law Group
1-703-278-0405

Property Settlement Agreement Prince William Virginia Law

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Family Laws Prince William VA, Prince William County Virginia, Prince William VA Marital agreements, Prince William Virginia, Prince William Virginia Divorce Laws, Prince William Virginia Family Lawyer, Prince William Virginia Separation Law, Property Settlement Agreement Prince William VA, Separation Agreement Prince William Lawyer, VA. Code 20-155, Virginia Divorce Laws, Virginia Family Lawyer, Virginia Separation Law

Separation/Property Settlement Agreement Cases In Prince William – Virginia Lawyers

Separation/Property Settlement Agreement Cases In Prince William Virginia

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PRINCE WILLIAM VIRGINIA LAWYERS – PROPERTY SETTLEMENT AGREEMENT STATUTE

Va. Code Ann. § 20-155

§ 20-155. Marital agreements

Married persons may enter into agreements with each other for the purpose of settling the rights and obligations of either or both of them, to the same extent, with the same effect, and subject to the same conditions, as provided in §§ 20-147 through 20-154 for agreements between prospective spouses, except that such marital agreements shall become effective immediately upon their execution. If the terms of such agreement are (i) contained in a court order endorsed by counsel or the parties or (ii) recorded and transcribed by a court reporter and affirmed by the parties on the record personally, the agreement is not required to be in writing and is considered to be executed. A reconciliation of the parties after the signing of a separation or property settlement agreement shall abrogate such agreement unless otherwise expressly set forth in the agreement.

PRINCE WILLIAM VIRGINIA LAWYERS – MARITAL AGREEMENT STATUTE

Virginia Statute

Marital/Separation Agreements

Va. Code Ann. § 20-155 Marital/Separation agreements Married persons may enter into agreements with each other for the purpose of settling the rights and obligations of either or both of them, to the same extent, with the same effect, and subject to the same conditions, as provided in §§ 20-147 through 20-154 for agreements between prospective spouses, except that such marital agreements shall become effective immediately upon their execution.
Va. Code Ann. § 20-155Marital/Separation agreements The agreement is not required to be in writing and is considered to be executed if the terms of such agreement are

  1. Contained in a court order endorsed by counsel or the parties or
  2. Recorded and transcribed by a court reporter and affirmed by the parties on the record personally
Va. Code Ann. § 20-155Marital/Separation agreements

 

A reconciliation of the parties after the signing of a separation or property settlement agreement shall abrogate such agreement unless otherwise expressly set forth in the agreement.

Separation/Property Settlement Agreement Cases In Prince William Virginia

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A Sris
Sris Law Group
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Violation Court Order Custody Visitation Prince William Virginia Law 18.2-49.1

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Charged With Violating A Court Order Regarding Custody/Visitation Defense In Prince William – Virginia Lawyers

There are many different penalties for Violating A Court Order Regarding Custody/Visitation charges in Prince William Virginia.

If you have been charged with Violating A Court Order Regarding Custody/Visitation in Virginia, contact our law firm immediately for help.

Violating A Court Order Regarding Custody/Visitation Defense In Prince William Virginia

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Violation Court Order Custody Visitation Virginia Law Prince William

Violation Court Order Custody Visitation Virginia Law Prince William

Va. Code Ann. §18.2-49.1

§ 18.2-49.1. Violation of court order regarding custody and visitation; penalty

A. Any person, who knowingly, wrongfully and intentionally withholds a child from either of a child’s parents or other legal guardian in a clear and significant violation of a court order respecting the custody or visitation of such child, provided such child is withheld outside of the Commonwealth, is guilty of a Class 6 felony.

B. Any person who knowingly, wrongfully and intentionally engages in conduct that constitutes a clear and significant violation of a court order respecting the custody or visitation of a child is guilty of a Class 3 misdemeanor upon conviction of a first offense. Any person who commits a second violation of this section within 12 months of a first conviction is guilty of a Class 2 misdemeanor, and any person who commits a third violation occurring within 24 months of the first conviction is guilty of a Class 1 misdemeanor.

VIOLATION OF COURT ORDER REGARDING CUSTODY AND VISITATION; PENALTY

Virginia Statute

Description

Penalties

Va. Code Ann. §18.2-49.1.KIDNAPPING AND RELATED OFFENSES. Any person, who knowingly, wrongfully and intentionally withholds a child from either of a child’s parents or other legal guardian in a clear and significant violation of a court order respecting the custody or visitation of such child, provided such child is withheld outside of the Commonwealth. Class 6 felony.
Any person who knowingly, wrongfully and intentionally engages in conduct that constitutes a clear and significant violation of a court order respecting the custody or visitation of a child First violation Class 3 misdemeanor
Second violation within 12 months of a first conviction Class 2 misdemeanor,
Third violation occurring within 24 months of the first conviction Class 1 misdemeanor.

Violating A Court Order Regarding Custody/Visitation Defense In Prince William Virginia

We will do our absolute best to help you get the best result possible based on the facts of your case.

A Sris
Sris Law Group
1-703-278-0405

Divorce Virginia Prince William Contested

25 Wednesday Dec 2013

Posted by Divorce Prince William Virginia Lawyers in Prince William Virginia Family Laws

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DIVORCE IN PRINCE WILLIAM VIRGINIA

Generally, a divorce in Prince William, Virginia that consists of any significant amount of property and/or children results in a contested divorce. A contested divorce in Prince William, Virginia can be resolved amicably, provided both parties attempt to resolve the issues of property and custody in an equitable manner. How contested a divorce case in Prince William, Virginia is going to be is in great part determined by the parties and the divorce lawyer each party chooses to represent them. More often than not, the opposing attorney in a contested divorce case in Prince William, Virginia will play a great role in how amicably a contested divorce can be resolved. This in turn will determine how expensive or inexpensive the contested divorce in Prince William, Virginia will be for the parties.

How your specific case will proceed will greatly be determined by the specific facts of your case. The divorce laws in Prince William, Virginia are complex. If you have questions about how the divorce laws in Prince William, Virginia apply to the specific facts of your divorce case, do not hesitate to contact us.

Our attorneys in Prince William, Virginia will do their best to assist you with your divorce. Please call us via our toll free number – 888-437-7747.

The Law Offices of SRIS, P.C. has client meeting locations & lawyers to assist you with your divorce in Prince William, Virginia to better serve you.

PRINCE WILLIAM, VIRGINIA DIVORCE ATTORNEYS

Our Prince William, Virginia attorneys are frequently asked questions about different divorce issues in Virginia. We hope that the information you find herein answer some of your basic questions regarding divorces in Virginia. After you read this, if you wish to talk to our Virginia lawyers about your divorce in Prince William, Virginia, please feel free to call us at 888-437-7747. We are here to help you and fight for you if necessary.

The Separation of the Parties In Prince William, Virginia

As a general rule, parties cannot be deemed to be living separate and apart with the intent of remaining permanently separate and apart if they are both residing in the martial residence. If either spouse wants a divorce, the odds are, they are going to get a divorce. The real question is on what terms is the party desiring the divorce going to get it. If your spouse wants a divorce and wants you to move out of the marital home, perhaps refusing your spouse’s demands may be in your best interests. Refusing to move out may cause your spouse to agree to your terms for the divorce. Ultimately, the party who wants a divorce the most is the one who is willing to agree to almost any terms to get a divorce. Keep this in mind as you try to negotiate a property settlement and custody of the child(ren)

One caveat we always tell our clients is: the threat or possibility of danger of remaining in the marital home. Nothing is more important than being safe. If the other party has a history of physical violence or you have reason to believe that if you do not move out, the other party will hurt you, then you probably should leave.

The person who leaves the marital home without an express agreement that the parties have mutually agreed to separate may suffer some dire consequences in court. If you leave the marital residence, the Court may award custody of the children to the parent staying in the marital residence. This award of custody is initially awarded pending the final divorce hearing. However, as a general rule, divorce courts are averse to change the status quo. Thus, the parent who received the initial award of custody is the person who is most likely going to be the primary physical custodian of the child(ren). Additionally, the party leaving the marital home may be accused of abandoning the marital home. Keep in mind, that if you leave the marital home and don’t try to see your children frequently, this too may have negative consequences. During the pending divorce action, the visitation you have with your child(ren) may be dramatically limited. The party staying in the home may be awarded exclusive use and possession of the marital residence. The bottom line is what you do at the start of the separation process of the divorce will most likely have a long term impact as to how your divorce turns out. This is one of the main reasons you need excellent counsel right from the start from an experienced divorce attorney who almost exclusively handles contested divorces. Please keep in mind that divorce attorneys who practice other types of law are probably not as up to date with the new divorce laws that the courts have recently ruled upon.

The financial situation of the parties in Prince William, Virginia

If you want to ensure that the marital assets are not wasted by the other party, make sure you are in control of all financial accounts and credit cards. Also, make sure you are in control of any form of credit that you may become liable for if used by the other party. Taking control is very easy. Simply transfer all assets of the marriage to a completely new and separate account that only you have access to. As a law professor once said, “it is a lot easier to give than to get.” The person who controls all the assets negotiates from a great position of strength. Remember a contested divorce can be costly and very few attorneys work for free.

Things not to do during the separation in Prince William, Virginia.

DO NOT DO THINGS YOU WILL BE EMBARRASSED ABOUT IF IT COMES OUT DURING THE TRIAL.

Try not to date anyone. We understand that when you are going through a divorce, you may be emotionally upset and want solace. However, what you do during the separation may affect how the Court decides custody of the child(ren), if custody is at issue. Also, if you spend marital assets (property, money, etc. accumulated during the marriage) on your new “friend”, this may affect how the divorce Court determines the ultimate distribution of marital property. The Prince William, Virginia lawyers at the Law Offices of SRIS, P.C. is here to help you. Listen to us and we will do our best to make this difficult time in your life as smooth as possible.

How does the legal aspect of the divorce start Prince William, Virginia?

The first step is to file a pleading asking for a divorce. This is a legal document requesting the Court to grant you a divorce. Your spouse will then be served with this document by either a law enforcement authorized to serve process or a private process server. Generally, we prefer to use a private process server if we believe the party being served with a divorce is going to try and avoid service. Once the initial divorce papers are served, then your spouse has to determine how badly they are going to fight the divorce. Most people after being served with divorce papers think they have to get the nastiest divorce lawyer in town. This is a mistake. All this is going to do is end up costing both parties a lot of money and help put the nasty lawyer’s child through college. We recommend our clients to try and talk to the other spouse in a civil manner and attempt to reach a settlement. Before you go and talk to your spouse, we will advise you as to what a fair settlement is and what you can expect if you go to trial. If your spouse is reasonable and your spouse listens to your proposal, then he or she may agree or ask for time to go talk to their lawyer. Again, if and it is a big IF, the lawyer is reasonable and willing to give good advice to their client, both parties may be able to settle most of the divorce issues, if not all of the issues. However, if the other side chooses to be unreasonable in their demands regarding the divorce, there is only one option. GO TO COURT.

What to expect when you come in for your consultation in Prince William, Virginia?

When you talk with a SRIS, P.C. Prince William, Virginia lawyer about your divorce in Virginia, try to have an idea as to the value of the separate and marital assets and liabilities. Also, try to have an idea as to how you wish to have custody resolved if you have child(ren).

What will we talk about during our first consultation in Prince William, Virginia?

First and foremost, we are here to help. You can count on us to be honest with you. We are not the type of lawyer who tells a client what they want to hear so that they can be hired. We will do our best to make the process as easy as possible, both financially and emotionally. We will listen to you and help you identify what is in your best interests. We will not aggressively promote going to court. This does not mean we are scared of trying cases. We simply do not want you to incur unnecessary costs. However, if your spouse is unreasonable or simply nasty and bitter, then we will gladly take the matter to court. Our goal is to help you get a fair resolution and get a divorce.

To settle or not settle your divorce case in Prince William, Virginia?

No one can force you to settle. Only you can determine if a Prince William, Virginia divorce settlement is acceptable.

What can I expect once the divorce process starts in Prince William, Virginia?

One of the first things we will generally do is file a request for discovery in a divorce action. We use the discovery process in a divorce action to flesh out the information you give us. In turn, you will be asked to respond to a discovery request by the other party’s attorney.

There may be an entry of a temporary order. This will usually address the issues of who will stay in the marital home while the divorce is pending; what will be the custody arrangement while the divorce is pending; what support if any is awarded while the divorce is pending; etc.

During this entire process, the parties through their divorce attorneys will be trying to reach a settlement. However, after trying your best to settle the outstanding issues of the divorce, then there is only solution. Let the judge decide. The judge will hear all the issues regarding the divorce and make a determination as to custody, property, support, etc. All of the judge’s ruling will then be written up in the final decree of divorce. The final decree of divorce is an order of the court. Failure to abide by it may result in sanctions to the party disobeying the court’s order.

What do you do if you disagree with the Court’s ruling in Prince William, Virginia?

You can always appeal the court’s ruling if you think it is not fair. We will advise you as to our opinion regarding the judge’s ruling. However, the ultimate determination as to whether an appeal is filed is always left up to the client. If you accept the court’s ruling and later wish to modify either the issues of support or custody, then you may request a modification provided there is grounds for a modification.

Granting Alimony In Divorce Proceedings In Prince William, Virginia

Once a couple decides to divorce and starts the actual legal dissolution of marriage proceedings, either one may ask the court for interim financial support. This request is known as pendente lite – or “pending litigation.” This order is often used to provide for the support of a lower-income spouse while the legal process moves ahead.

After the divorce is final, either party may ask for post-marital alimony. Alimony is not an absolute right. The court will determine if alimony is justified by looking at the circumstances surrounding both the divorce and the divorcing couple.

If one party has received interim support, this financial obligation is not automatically extended after the dissolution becomes official. The reasons for granting support before the marriage ended may have changed after the divorce has become final.

The parties may decide on certain terms in their divorce case in a mutually agreeable manner – signing a binding agreement or legal document to that effect. This can include any alimony payments. If the couple does not have such an agreement, or cannot or will not come to terms, the court will step in, making a fair determination based on the facts and testimony submitted by both parties.

This determination is not set in stone – it can be modified when circumstances change, and one party gives the other proper notice and applies to the court for a re-hearing. However, unless there are compelling reasons, courts are generally reluctant to modify a prior existing agreement.

In some jurisdictions, the court always has authority in granting maintenance should one of the former spouses become a public charge – needing public assistance for the basic necessities of life.

Comparing Alimony and Child Support In Prince William, Virginia

These are two separate arrangements. Alimony is not the same as child support. In child support, one parent is required to contribute financially in order to help raise (support) his or her children, by making structured payments to the child’s other parent or guardian.

Alimony and Taxes In Prince William, Virginia

Unlike child support, alimony is treated as income to the receiving spouse, and can be taken as a deduction by the person paying. Child support is viewed as payments a parent makes for the support of their own offspring, and can’t be claimed as income or taken as a deduction.

Enforcing Alimony Payments In Prince William, Virginia

Here is another area where there is a big difference between child support and alimony payments to an ex-spouse. In many states, non-payment of child support is treated as a criminal matter. The defaulting parent can have a host of legal sanctions placed against them, including loss of driver’s or professional licenses as well as actual prison time.

Alimony is treated as a civil matter. Someone trying to recover back alimony can only use the collection procedures available to any other general creditor. They can hire a collection agency to try and recover the funds, or instigate civil proceedings. If the spouse who’s defaulted on the alimony payments has no real assets to seize, the suing partner may get a judgment – but precious little else.

A Sris
Sris Law Group
1-703-278-0405

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