Family Law Information Center
Family law can be very complicated, with countless laws relating to numerous practice areas. As a result, it is important for anyone facing a domestic relations case to be represented by an attorney with extensive experience and access to resources. As the one of the largest family law firms in Virginia, ShounBach is able to provide family lawyers with a wide range of experience, as well as solid training. Our firm is experienced in handling cases in each of the following practice areas:
Dealing with the dissolution of marriage? No matter whether you have already been served with papers or if you are only contemplating filling, we encourage you to contact our firm to learn about the different ways in which we can help you protect yourself. Not ready to take any steps? We are available for consultation on what your rights are under Virginia law.
No matter whether you're seeking agency adoption, international adoption, step parent adoption or parental placement adoption, it is important that you understand the detailed laws and regulations relating to the adoption process.
Child custody is broken down into two areas: legal custody (how important decisions are made for your child, and by who), and physical custody (your child's schedule with each parent). Legal custody and physical custody can be determined through negotiation, mediation, Collaborative divorce, or through litigation.
When parents do not live together, the law requires that each parent continue to provide support for his or her children according to their ability. Usually, this amount is determined by the child support guidelines, and one parent will pay a monthly amount to the parent with custody of the child/children.
There is a wide range of offenses covered under domestic violence. Protective orders can be entered to prohibit contact with a party; these orders may also extend to your children.
When two spouses agree to seek dissolution of their marriage due to a voluntary separation, they can seek what is commonly referred to as a no-fault divorce. No marital misconduct or defense is needed.
When marital misconduct, such as adultery, is committed by one spouse, it may be grounds for fault-based divorce. This is the traditional form, having been the only legal grounds for divorce in Virginia until the 1970s.
Grounds for Divorce
Any time a person seeks a divorce, even if is a no-fault divorce, he or she must first have grounds for said divorce. Some of the most common grounds are a one year separation, a six month separation where the parties have no minor children and have a complete, written settlement agreement, adultery, cruelty, and desertion.
High Net Worth Divorce
Divorce requires the equitable division of marital property, and when your estate is extremely valuable, losses could be more substantial. In such cases, it is important to retain an experienced lawyer.
Legal proceedings are different for servicemen and women, including divorce. There are many issues that are unique to military cases, including retirement benefits, TSP accounts, access to health insurance and other benefits. If you or your spouse is a military member or a former military member, be sure that your attorney has experience in these areas.
Child Support Modifications
Child support is always modifiable, regardless of whether the amount was reached by agreement or by a judge's ruling. A modification may be appropriate when there has been a change in one parent's financial situation, a change in the legal parenting plan, or some other change since the last order.
Spousal Support Modifications
Modifications can be made to spousal support payments due to certain circumstances. These include changes in the spouse's need for income or change in a spouse's ability to pay.
Pensions and Divorce
Pensions and retirement benefits that accumulate during the marriage are marital property, even though only one spouse earned the benefit. These assets can be divided between the spouses in a divorce.
Permanent Spousal Support
Permanent spousal support may be appropriate depending on the circumstances of your case, including the length of your marriage, the ages and health of the parties, and the parties' work experience and earning capacity.
A premarital agreement is a legal contract entered into by two parties before they are married, usually to protect their assets in the event of divorce or separation. Some parties also include provisions for spousal support.
Some people choose to enter into a prenuptial agreement—or a "prenup"—before they are married. The purpose of a prenuptial is to protect each party's property should the marriage end by divorce. Some parties also include provisions for spousal support.
One of the most common sources of dissention and argument in a divorce case is property division. Each party desires a fair financial share and security for his or her future. The division of marital property in Virginia is accomplished through the "equitable distribution" of property. Equitable distribution of property does not always mean equal division of property. This process is also known as equitable distribution.
In Virginia, it is possible to begin your separation period while living under the same roof. You do not need to file anything with the court to begin your separation, but you must communicate your intention to permanently separate to your spouse.
Depending on the difference between your income and your spouse's, spousal support, or alimony, may be appropriate. Spousal support can be awarded for a limited period of time, to allow a spouse to finish school, update work skills, or re-enter the workforce. It may also be appropriate when children are not yet school age. Depending on the length of your marriage and your age, an award of spousal support can also be permanent support.
Visitation and Parental Responsibilities
Children need both parents in their lives for proper development, except in extreme situations. When a child's parents get are separating or divorcing, time sharing between the parents should be arranged to allow the children to maintain, or even strengthen, their relationships with both parents.
Northern Virginia Divorce Lawyer
For a Northern Virginia divorce attorney who has the knowledge and training to represent you in any of these practice areas, contact ShounBach today. As one of the largest family law-only firms in Virginia, our attorneys have over 200 years of collective legal experience, giving our firm the unique ability to provide tailored legal representation to meet your unique needs. If your case calls for aggressive litigator, we have attorneys with extensive courtroom experience who can provide you with vigorous representation and defense. We also have skilled Collaborative attorneys and mediators who can help you achieve a cooperative resolution. Find out more about our firm by calling our offices today.
View the firm's profile at FindaFamilyAttorney.com.