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Trusted Counsel Through The Divorce Process In Reston

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-centered approach to the divorce process. From divorce preplanning to representation in negotiations, mediation and litigation, we work closely with our clients to protect what matters in the most cost-effective way possible.

Key Issues That You Are Likely To Face During A Virginia Divorce

In most circumstances, the primary issues that require resolution during a divorce include:

Identification of separate and marital property and debt
Dividing marital property, including homes, retirement accounts and other high-value assets
Dividing marital debts like mortgages
Ownership of privately held businesses and other unique property-related issues
Child support obligations
Establishing child custody and visitation
Alimony or spousal support

Addressing each of these issues thoroughly during the divorce process helps establish clear expectations and reduces the potential for future disputes.

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, who 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 to not proceeding with litigation. Each couple’s 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.

No-Fault Divorce Versus At-Fault 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 minor 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 a no-fault divorce, 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
Felony conviction with a sentence of one year or more

Proving fault requires substantial evidence and can make the divorce process more complex and expensive, which is why many couples opt for no-fault divorces when possible.

Common Questions About The Divorce Process In Virginia

Approaching a divorce can feel extremely overwhelming. With so many options in front of you, conducting the research, deciding which choices are best for you and navigating the legal process are next to impossible without guidance.

At Hirsch & Ehlenberger, P.C., we take pride in helping clients throughout the Northern Virginia area move forward with their lives after ending a marriage. We take the time to sit down with you to explain the law and your choices so you can do what is best for your unique situation. Here, we have provided answers to some of the questions that our clients frequently have for us.

How is property divided in a divorce?

Virginia is an equitable distribution state. In equitable distribution states, couples who take their asset division case to court can expect the judge to divide marital property equitably. This does not necessarily mean 50-50, and it does not apply to all assets. It means that all property acquired after the marriage – with the exception of inheritances and gifts – must be divided in a fair and equitable manner.

How long do you have to be separated to get a divorce in Virginia?

Our state is unique in that it requires couples to live separately and apart before filing for divorce. Virginia defines “separately and apart” as physical separation plus the intent to make the separation permanent.

To file for a no-fault divorce, you must live apart from your spouse for one year – or for six months if you have a separation agreement and do not have underage children. You do not need to live separately and apart to file a contested divorce.

How should I prepare for the divorce process in Virginia?

When you have decided to end your marriage, consider which type of divorce may be right for you. Your options include:

Uncontested divorce: In an uncontested divorce, spouses agree on the major issues of the divorce and reach a private divorce settlement out of court.
Contested divorce: When spouses disagree on asset division and other issues, the divorce is said to be contested and a judge will decide division of assets and debts.
Mediation: Couples can work with a neutral mediator to reach mutually satisfactory compromises and determine a settlement.
Collaborative divorce: Couples can negotiate their divorce agreement outside of court with the support of an attorney.
Litigation: A traditional divorce involves taking the case to trial to have a judge issue a binding decision on major issues.

When you have learned a bit about the various options for divorce, gather your financial documents, insurance statements and tax information. Bring these papers to your consultation with your divorce attorney; your lawyer can look at this information to give you a better idea of what to expect.

How are child custody and parenting time determined in Virginia?

Custody and parenting time – formerly called visitation – depend on several factors. These include:

The ability of each parent to raise the child
The child’s relationship with each parent
The willingness of a parent to foster the child’s relationship with the other parent
The location of each parent’s residence
Each parent’s involvement with the child
A history of domestic violence, substance abuse or mental illness

Physical custody refers to the location of the child, while legal custody refers to the right to make decisions about the child’s life, including medical care. Parents may receive joint legal custody, in which they share duties, or sole custody, in which only one parent raises the child.

How do courts calculate child support?

Although the state has several guidelines in place for determining child support, the judge considers several unique factors in every case. The criteria that may influence the amount of child support you pay or receive include:

The income of each parent
Health insurance considerations
The financial needs of the child
The child’s primary residence
The supporting parent’s existing child support obligations
The child’s standard of living during the marriage

Child support orders are not necessarily permanent. As your life changes following the divorce, you have the right to seek a post-judgment modification to amend the amount of support you pay or receive.

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 703-239-4832 or reach out to us online.