Find a Divorce Lawyer in Leesburg Va for Convenience
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 Leesburg Va and are looking for a divorce attorney, use the information on this site to help you make a smart decision. Leesburg Divorce lawyers can help process your case quickly and and as painlessly as is possible.
Common Divorce Law Questions
What property rights are created by marriage and Divorce?
Virginia statutes now provide for the “equitable” distribution of the marital property between the parties at the conclusion of the divorce. “Marital property” consists of all jointly-titled property as well as all other property, other than separate property, acquired by either or both of the parties from the date of the marriage through the time of the final separation. “Separate property” is property owned by one party prior to the marriage, property acquired after the parties have separated, inherited property and/or gifts to one party from a third person. Where “marital property” and “separate property” are mixed together or where the value of “separate property” is increased through the active efforts of either party during the marriage, then such property may be classified as “marital property” or as “part marital and part separate” property. In equitably dividing the marital estate, the courts may order monetary awards to one of the parties, divide the property, order the property sold or transfer jointly-titled marital property to one of the parties. Under Virginia's system of “equitable distribution,” the court is not required to divide the marital property on an equal basis. Instead, the court will consider various factors listed in the Virginia equitable distribution statute, including the relative monetary and non-monetary contributions of each of the parties to the well being of the family and to the acquisition and care of the marital property, when determining how to divide the marital assets. Pensions and retirement plans that were accumulated during the course of the marriage are also subject to division by the Court as part of its equitable distribution award. However, by statute, neither party can receive more than one-half of the amount of the other party’s pension or retirement plan that accumulated during the marriage.
When is Spousal Support Awarded?
Given the increasing changes to both the law and society, this area of divorce law is in the process of great change. Under recent changes in the Virginia law, the fault of a spouse in causing a divorce may no longer be a complete bar to obtaining spousal support. However, the court will consider the cause of separation as a factor in determining whether or not to award spousal support. Spousal support is not awarded to punish a guilty spouse. Rather, it is provided to lessen the financial impact of divorce on the party who is less financially independent. The amount awarded for support depends upon such factors as the respective ages of the parties, assets and earning potential of the parties and the duration and history of the marriage. The court may award spousal support in periodic payments and/or in a lump. Periodic payments could be awarded for either a set number of years or an indefinite period of time. Spousal support does not have to be awarded when the divorce is granted. Instead, the parties may seek a “reservation” of the right to seek spousal support in the future. This reservation will generally last for one half of the length of the marriage.
Who Receives Custody of the Children?
This is the crucial issue in most divorces. In determining the custody of minor (under eighteen) children, the court is guided by one standard‹the best interest of the child. The court may award “joint legal custody” where both parents have a role in making decisions for the child, or “sole legal custody” where one parent is ultimately responsible for making decisions in the child's best interests. Custody will not be given to a parent as a reward or deprived from a parent as a punishment. Rather, custody will be awarded to the parent who is most adaptable to the task of caring for the child, and who is able to control and direct the child. Further, custody may be changed if there is a marital change in circumstances after the date of the divorce. Factors considered by the court when awarding custody may include the age of the parent and child, the physical and mental condition of each parent and child, the relationship existing between each parent and each child, the needs of the child, the role played by each parent in the upbringing and caring for the child, the home where the child will live and the child's wishes if the child is of sufficient age, intelligence, and maturity to make such a decision. Another important factor to the court in establishing most custody arrangements is which parent will be the most likely to see to it that the non-custodial parent remains a strong part of the child or children's lives. Often the court will fashion living arrangements such that the child, at least during the school year, will reside primarily with one parent. The other parent will receive visitation with the child. Visitation rights will normally be set by the court if the parents cannot voluntarily agree upon satisfactory arrangements.
Leesburg, VA News
Free “Green” Business Plan Program Postponed
The Leesburg Environmental Advisory Commission’s free luncheon program on building a green business plans, originally scheduled for Friday, February 24, 2012, has been postponed. A new date for the program will be announced soon. For more information about the program, please contact Mary Haberl, EAC Vice Chair, at 703-774-5208. Don't let the negligence of another [...]
Middleburg Killed in Crash Outside of Leesburg
A Middleburg, Virginia man lost his life in a single vehicle crash Sunday night on Route 15 just south of the Town of Leesburg. William Donale Grant, 46, was traveling south on Route 15 near Foxfield Lane around 8:30PM when his vehicle, a 1991 Pontiac Grand Prix, left the roadway and struck a mailbox, a [...]
Town of Leesburg Launches Video Contest
The Town of Leesburg is seeking new and fresh perspectives on what makes the Town a great place to live, work or visit. Individuals and teams are invited to submit original, 3-minute or less, digital videos illustrating what they love about Leesburg.Videos will be evaluated in one of three age categories: (1) 8th Grade students [...]
Historic Land Survey Documents Now Available to Researchers at Thomas Balch Library
Two important collections, documenting land surveys recorded in Loudoun County in the mid 19th century, are now available to researchers at Thomas Balch Library in downtown Leesburg.The Asa Jackson Collection contains the survey book and measuring tape of Asa Jackson. Jackson, an independent surveyor, regularly surveyed parcels involved in land transactions in Loudoun County and [...]
15th Annual Spring Bling Coming to Ida Lee Recreation Center
The Town of Leesburg Parks and Recreation Department is proud to present the 15th annual Spring Bling, a Hometown Fine Arts & Craft Show, at Ida Lee Park Recreation Center on Saturday, March 3, 2012, from 9:00 a.m. to 4:00 p.m. Admission is free to the one-day, indoor show. Fine arts and crafts vendors will [...]
Town Manager Presents Proposed FY 2013 Budget to Leesburg Town Council
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Town of Leesburg Seeks Nominations for 2012 Tolbert Environmental Achievement Awards
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Two Exhibits at Thomas Balch Library Honor Black History Month
Two exhibits honoring Black History Month are on view at the Thomas Balch Library (208 West Market Street, Leesburg) through February 29, 2012. In the Margaret Mercer Room, the I Have A Dream Committee presents a history of the annual Martin Luther King Day March in Leesburg. Beginning in 1992, the annual community commemoration of [...]
Fifth Annual Tree Care Summit to be Held on March 17, 2012
Posted Date: 2/13/2012 Leesburg, VA (February 13, 2012) – The Leesburg Tree Commission will host the 5th annual Home Owners Associations Tree Care Summit on Saturday, March 17, 2012, from 9:00 to 11:00 a.m.. The program will be held at the Ida ...
Leesburg Accountant Sentenced to Prison for Insurance Fraud
James C. Cilenti, 47, of Leesburg, Va., was sentenced today to 64 months in prison, followed by three years of supervised release, for carrying out a fraud scheme to fraudulently obtain life insurance proceeds and for aggravated identity theft in connection with a related Social Security fraud scheme. He was also ordered to pay $465,748 [...]