Trusted Counsel And Help Through The Divorce Process
Spouses contemplating divorce must make important decisions that will have profound impacts on their lives and their children’s lives for years to come. Stress is normal in this situation, and if you have questions about where to even begin, you are not alone.
At Hirsch & Ehlenberger, P.C., we take a client-first approach to the divorce process. From divorce pre-planning to representation in negotiations, mediation and litigation, we work closely with our clients to protect what matters in the most cost-effective way possible.
Options For Getting Divorced In Northern Virginia
Among the numerous preliminary considerations when preparing for a divorce is the question of how your divorce will proceed. Spouses in Virginia generally work within four different approaches:
Settlement Negotiations
Many couples are able to resolve their differences amicably through a negotiated settlement. Negotiating a settlement can reduce costs and save time while providing added flexibility. It can also help couples avoid contentious disputes that negatively impact the children. Even when spouses find themselves moving toward more contested litigation, we always keep in mind ways that we can negotiate a settlement to benefit our clients’ interests.
Divorce Mediation
Mediation involves the spouses and their attorneys working with an experienced neutral third-party mediator, which may be another attorney or a retired judge. Unlike going to court, the mediation process is still relatively informal, and it does not result in a binding decision made on behalf of the divorcing spouses. Instead, the mediator’s role is to help the spouses come to an agreement when they are unable to do so on their own.
Collaborative Divorce
Collaborative Divorce involves spouses and their attorneys working together in a professional team approach to achieve the right solution for a particular couple or family. Collaborative Divorce requires full, open and honest disclosure between attorneys, other professionals, and the couple themselves. The Collaborative Divorce process is non-adversarial as the couple and attorneys commit they will not proceed with litigation. Each couple or family’s “team” may include mental health coaches or financial neutrals to address financial, emotional, medical or tax issues as needed. The team works toward a resolution on all issues tailored to meet the specific needs of each family.
Divorce Litigation
For some couples, litigation may be the only option. If negotiation is a nonstarter or spouses reach an impasse during the divorce process, they will need to go to court. At Hirsch & Ehlenberger, P.C., while we seek to resolve our clients’ divorces amicably whenever possible, our lawyers are also quite experienced in divorce litigation.
Grounds For Divorce In Virginia
In Virginia, the law recognizes two main categories of grounds for divorce: no fault and at fault. To get a no-fault divorce, you need to live apart from your spouse for a set time. If you do not have young children and you’ve both signed an agreement about your separation, you must live separately for six months. Otherwise, you must live apart for at least one year. Many choose this option as it typically involves less conflict and emotional strain. It also allows for a more amicable resolution, helping preserve family relationships, especially when children are involved.
An at-fault divorce is different. In this case, you need to show that your spouse did something that caused your marriage to fail. Some reasons for an at-fault divorce include adultery, physical cruelty, abandonment and felony conviction with a sentence of 1 year or more.
Key Issues That You Are Likely To Face During Your Divorce
In most circumstances, the primary issues that require resolution during a divorce include:
- Identification of separate and marital property and debt and distribution of marital property and marital debt (including homes, retirement accounts and other high-value assets)
- College expenses, ownership of privately held businesses and other unique property-related issues
- Establishing child custody and visitation
- Establishing financial support obligations (e.g., child support and alimony)
Contact Our Firm To Discuss How We Can Help You
If you would like more information about what to expect before, during and after your divorce, contact Hirsch & Ehlenberger, P.C., for an initial consultation. To speak with one of our experienced lawyers in confidence, call our law offices at 703-481-6063 or reach out to us online.
