Find a Divorce Lawyer in Ashburng VA
Divorce is a time consuming and difficult process that can mentally and physically drain anyone. It is important to find not only an attorney who is an expert at divorce law, but also a lawyer that practices near you. Divorce will require paperwork and attorney visits that can be very time consuming and disruptive if your attorney is located in a town or city that you do not have easy access to.
If you live in or around Ashburn Va and are looking for a divorce attorney, use the information on this site to help you make a smart decision. Ashburn Divorce lawyers can help process your case quickly and and as painlessly as is possible.
To obtain a divorce in Virginia, either you or your spouse must be a resident of Virginia for at least six months prior to filing for divorce. If there are no children from the marriage, you must be separated for a minimum of six months and have a written property settlement agreement before you may file for divorce. If there are children from the marriage, you must be separated a minimum of one year before you may file for divorce. In Virginia, you do not file a separation agreement with the court.
If you choose to represent yourself, you will be expected to follow the same procedures as an attorney. Please do not ask court personnel for legal advice or assistance. Court personnel are prohibited by state law from giving you legal advice or assistance. You are strongly encouraged to hire an attorney.
Common Divorce Law Questions
What are the Child Support Obligations?
Normally the party receiving visitation will be called upon to contribute to the support of the minor child. This could be an obligation of the mother, the father, or both, if a third person has custody of the child. The court is guided by the needs of the child and the ability of the supporting parent or parents to pay. The use of the state child support guidelines provides an amount of child support that is presumed to be correct, but the court may deviate from these guidelines in appropriate circumstances. The award is subject to change so long as the obligation to support remains. The child support amount may be increased or decreased if a material change occurs in the circumstances of either or both of the parents or of the child. Non-custodial parents who have their children for more than 90 days per year for visitation have their child support calculated using a different formula that is likely to make the support lower. The court may also require a party to maintain an existing life insurance policy to provide financial security for a child in the event that the parent obligated to pay child support dies.
What is a Property Settlement Agreement?
Rather than having the court rule upon the issues in the case, parties have the option of reaching a voluntary agreement resolving their concerns raised in the divorce. The court will enforce the agreement once it is in writing, signed, sworn to by both parties, and properly notarized. Oral agreements dividing the marital property may also be enforceable, but the terms of oral agreements are very difficult to prove to the court.
A Property Settlement Agreement is a written contract between the parties that sets forth their rights, duties and obligations that arise out of their separation and divorce and may include such things as the division of their property, spousal support, attorney's fees, custody of their children, and child support. Such agreements are encouraged since they may amicably settle the rights of the husband and wife in the estate and property of the other. An attorney's skill and experience can be especially helpful in negotiating and drafting a fair, just, and reasonable Property Settlement Agreement for the parties and their children.
What are the Court Procedures?
Depending upon the practices in a given locality, evidence in a divorce case may be taken in the office of an attorney representing one of the parties, in the office of a commissioner appointed by the court to take the evidence, or in a courtroom before a judge. Controversies over custody, child support and spousal support are usually heard before a judge of a Circuit Court. In some cases, such as where no grounds for divorce yet exist, such matters may be heard in a Juvenile and Domestic Relations District Court, independent of the suit for divorce.
Are Attorneys Necessary? Who Pays the Fees?
Although an attorney is technically not required in a divorce proceeding, each spouse should obtain separate legal counsel if there are issues in the divorce that may be contested, property rights need to be determined, or the custody of the children is in dispute. The same attorney cannot represent both sides in a divorce case because there will be a conflict of interest.
A husband or wife who employs an attorney should discuss with the attorney his or her fees and make satisfactory arrangements to pay them. Quite often, a lawyer will require an initial payment made prior to the attorney starting work, called a retainer.
Depending on the circumstances, one spouse may be called upon to pay or contribute to the attorney fees and court costs incurred by the other. Whether either party has to pay all or a portion of the other party's attorneys fees are a matter left to the discretion of the court.
Ashburn, VA News
Another Data Center Announced in Loudoun
The Loudoun Department of Economic Development announced today that existing Loudoun businesses Equinix, Inc. and Carpathia Hosting have joined together to add a 64,000-square-foot data center to Loudoun’s ever-expanding market. The center is aimed at supporting industry-specific compliant solutions for healthcare companies, federal agencies and commercial industries. Carpathia has signed a build-to-suit agreement with a [...]
Rowdy Post-Game at Ashburn Ice House Leads to Multiple Charges
A hockey game at the Ashburn Ice House on Friday February 10th became the scene of crowd violence after a scuffle sent one spectator to the hospital. The crowd at the ice rink was near capacity for a game between two high school aged teams and as the crowd began to disperse after the game, [...]
Police Release Composite Sketch of Suspect who Threatened Teenagers at Ashburn Shopping Plaza
Loudoun County Sheriff’s Investigators have released a composite sketch of a suspect who made threatening statements towards several juveniles at the Ashburn Shopping Plaza on January 22, 2012. Five juveniles, ranging in age from 13 to 14-years-old, were in the area around 9:15 PM when they observed a white vehicle speed into the parking lot [...]
ALEXANDRIA, VA—Raymond Elmo Deskins, III, 52, of Potomac Falls, Va., a former air traffic controller who has received nearly $700,000 in federal workers’ compensation benefits, was convicted on Friday afternoon by a federal jury on mail fraud and false statements charges for his failure to disclose work activities in the construction industry to the Department [...]
Briar Woods Makes Almost-Perfect Run to 2nd State Football Title
State Champs Briar Woods’ road to a second Group AA Division 4 Football Championship wasn’t without its bumps. The 2011 season started with a 14-0 loss to Broad Run. That defeat provided a needed catalyst for the Falcons. Following the loss, Coach Charlie Pierce gathered every member of the football program, including the freshman team, [...]
Police Arrest Suspects in Robbery at Sterling Fast Food Restautrant
Police have arrested two suspects that were identified and charged in connection with a December 9, 2011 robbery at a fast food restaurant in Sterling, Va. The first suspect, 18 year-old Michel M. Nicholas, of Ashburn was arrested on December 26th. A second suspect,20 year-old Ronald J. Pickett, of Ashburn, was taken into custody on [...]
Ashburn Realtor Charged in $7 Million Mortgage Fraud Scheme
A federal grand jury has charged Nadin Samnang, 29, of Ashburn, Va., with conspiracy and mortgage fraud charges related to his role in alleged fraudulent mortgage loan transactions involving at least 25 homes in northern Virginia and more than $7 million in losses to lenders. Neil H. MacBride, United States Attorney for the Eastern District [...]
Deputy Assaulted While Responding to Altercation
Louduon Deputies responded to an Ashburn residence just before midnight on December 14th for a report of an assault in progress. Upon arrival deputies observed two males in an altercation in the driveway of a Charter Oak Drive home. A third subject was also observed at the scene. All three subjects fled on foot when [...]
Testing, Math Topics of December LEAP Meeting
“Making the Grade: How State and Federal Testing Affects Curriculum” will be the topic for the Loudoun Education Alliance of Parents (LEAP) meeting at 7 p.m. Wednesday, December 14th, at the Loudoun County Public Schools (LCPS) Ad...
Redskins and Target Make Holidays Bright for LCPS Students
You need at least version 7 of Flash player. Download lastest version here! For the seventh year, former Washington Redskins defensive end Renaldo Wynn, his family and the Renaldo Wynn Foundation made holidays ...