Divorce Lawyers in Fauquier County

Divorce can quickly change your assets, future, and role as a parent. The pain of a divorce can distract you from making the right decisions to secure your future or even properly protect your children. In these times, you must have a Virginia divorce attorney in your corner who can be a cool head and give you solid advice and guidance when you need it.

ShounBach is one of the largest family law firms in Virginia. The divorce lawyers at our law office have valuable experience and knowledge in family law matters, including divorce law. We are ready to assist you with your legal issues.

Difference Between a Contested and Uncontested Divorce in Virginia

In truth, every one should strive for an uncontested divorce, but actually getting to that point can be challenging. In an uncontested divorce, both parties agree on every aspect of the divorce, from alimony to child custody, child support, and property division. The divorce becomes contested if there is any disagreement on any part of the dissolution of the marriage.

Contested divorces can take longer to resolve than uncontested divorces. They can also become quite contentious. This is why having knowledgeable legal representation from a Virginia divorce attorney serving Fauquier County is so important. The right divorce lawyer can be a voice of reason and protect your interests when you need it the most.

If you are facing a divorce and need help from qualified Fauquier County divorce attorneys, call ShounBach at 703-222-3333 or use our online contact form to contact a member of our team today.

What Are the Grounds for Fault-Based Divorce Cases in Fauquier County?

It is essential to understand that every divorce in Virginia must have grounds. Grounds, however, do not always mean every divorce is fault-based. Some divorces are no-fault, which means the couple simply agrees to split.

To get a no-fault divorce in Virginia, you must meet specific legal grounds, including legal separation for at least one year if you have children or if you don’t have a written settlement agreement. Legal separation means living separate and apart, with no cohabitation or marital relations. If you do not have children and have a separation agreement, you can shorten the period of separation before filing to six months.

Alternately, several grounds exist for a fault-based divorce. Some of the most common of these include adultery, cruelty, and willful desertion or abandonment. Fault-based divorce can present difficult and complex legal matters, as you must prove the grounds for divorce. The right Virginia divorce attorney can be an invaluable ally who can help you gather the evidence to confirm that your spouse has misbehaved and that you are entitled to fault-based grounds for divorce.

Adultery

Adultery, wherein one spouse has intimate relations with someone outside of the marriage, is one of the most common fault-based grounds for divorce. It is also, however, one of the most challenging grounds to prove. In addition, if you continue to cohabitate with your spouse after the infidelity, or if it has been more than five years since the last instance of adultery, you cannot file for divorce based on adultery. Your Virginia divorce attorney can help with legal advice to gather the needed evidence.

Cruelty

Cruelty often involves the existence or legitimate threat of domestic violence, but not always. Excessive verbal attacks, berating, insults, and threats can also be cruelty. If you allege cruelty in your divorce, you must prove that you have a reasonable fear of your physical or mental well-being from your spouse’s behavior.

Each additional act of cruelty is cumulative with those before when the courts hear arguments during divorce proceedings. The right Fauquier County divorce lawyer will provide legal services to help you gather the necessary evidence for proving cruelty.

Willful Desertion or Abandonment

Willful desertion or abandonment means one spouse intentionally leaves the marriage against the other spouse’s wishes. The intent to depart must be permanent for the spouse deserting the arrangement. If the spouses agree to separate, neither can allege abandonment later.

Proving desertion can be difficult if the deserting spouse insists they did not intend to abandon the marriage permanently. This is another circumstance in which legal representation from a Virginia divorce attorney is crucial.

Criminal Conviction of a Felony

If either spouse commits a felony and is sentenced to jail or prison for over a year, the other spouse may file for divorce on these grounds. However, if the spouses resume cohabitation at any point, these grounds for divorce become null and void. Of all the bases for a fault-based divorce, a criminal conviction of a felony is the least difficult to prove. Still, having an experienced Virginia divorce attorney in your corner is recommended.

How Does Fauquier County Divide Marital Assets?

Virginia uses a concept of equitable property division when determining who gets which assets in a divorce. However, equitable distribution does not mean each party gets an equal split. The circuit courts that hear divorce cases determine a fair division that will enable each party to theoretically maintain themselves in the manner to which they have become accustomed. The idea is to allow each spouse to maintain their standard of living.

Having a Virginia divorce attorney in your corner when it comes time to divide marital assets is vital. The right family lawyer serving Fauquier County can protect your interests and help to argue for a division of marital property and debt that is indeed fair and equitable rather than one that benefits your former spouse more than you.

First, the courts look at assets and debts. Marital debt, like marital property, is any debt or liability acquired by either spouse during the marriage. If either spouse has a separate debt, that spouse will have to pay it. A marital debt, for example, may be liabilities gained from making home improvements. However, a separate debt may be a credit card acquired after the separation.

When dividing marital assets, the courts will consider several factors. These include, but may not be limited to:

• How long you were married
• Monetary and non-monetary contributions each of you made to the marriage, including the family’s well-being and care of marital property
• The age and health of each partner
• How the property was acquired
• Liquid or nonliquid nature of the property
• Any tax consequences

For fault-based divorces, bad behavior can also count against the at-fault spouse. In addition, if one spouse is seen to have done something to depreciate the value of the property, that will be considered.

Will I Be Required to Pay Alimony After a Divorce in Fauquier County, Virginia?

Alimony, or spousal support, is determined based on the financial needs of one or both spouses in the divorce. Alimony is awarded indefinitely. It must be awarded at the time of divorce and cannot be awarded later. It may be awarded to either a husband or a wife and can be awarded permanently or temporarily (pendente lite), which lasts during the litigation.

How Can Our Family Law Attorneys Help You?

Hiring the right family law attorney may be the wisest thing to do when facing divorce. At ShounBach, our Virginia divorce attorneys offer over two centuries of combined legal experience. Our firm has existed for four decades and is among the largest law firms in the state, focusing exclusively on family law. Martindale-Hubbell recognizes us as a top-ranked U.S. law firm, and we have been nominated to the Super Lawyers list. We are a multi-award-winning firm that cares deeply about our clients.

Our Virginia divorce attorneys can help you through all aspects of divorce, from mediation to litigation, high-net divorce, military divorce, and beyond. ShounBach is a large firm, but we have the compassion and individual care of a small firm. Our attorneys treat you like a person. We are your ally in all aspects of family law, including domestic violence, adoption, modifications, premarital agreements, and beyond. We will help you protect your interests in your divorce, no matter the complexity of your case.

Our One Focus is Family Law

At ShounBach, we are an award-winning northern Virginia law firm serving Fauquier County. Our practice areas cover all levels of family law matters, from child custody and child support to property division, spousal support, and more. If you need a Virginia divorce attorney with experience, compassion, and knowledge, choose ShounBach, a firm with over 200 years of combined experience.

At ShounBach, our Virginia divorce attorneys build long-lasting and compassionate client relationships, and we go to every legal length to protect our client’s rights. We have an office in Fairfax and proudly serve Fauquier County.

Call us today at 703-222-3333 or use our online contact form to contact us for a case review. There is no hidden agenda and no disclaimer. At ShounBach, we are ready to listen.