How Long Does the Settlement and Divorce Process Take to Complete?
In most cases, Virginia requires one year of separation. However, if there are no minor children, and the parties have entered into a separation agreement, then a "no-fault" situation exists and the required period of separation is only six months.

The actual time required to obtain a divorce often depends on if and when an agreement with the other spouse is reached. That process requires a complete overview of the assets and the reasonableness of the parties. The attorneys at Shoun, Bach, Walinsky & Curran, P.C. strive to create an atmosphere that facilitates the negotiated settlement of all issues.

With the cooperation of the spouses and their counsel, a divorce will be final within four to eight weeks following expiration of the period of separation. When cooperation is absent, particularly if issues must be presented to a judge for adjudication, the process can expand to six or more months following the required separation period.

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What Is an "Uncontested Divorce" in Virginia?
An uncontested divorce, by common definition, is either:

(1) A divorce which does not involve children; there are no assets or debts to divide between the spouses; neither spouse seeks support from the other; and there exist no other personal or legal issues as to which one spouse seeks anything from the other;

or

(2) A divorce in which one or more of the above issues may exist, but those issues have been fully and satisfactorily resolved by the spouses themselves, or by their attorneys with spouses' participation (usually by written agreement) before they commence proceedings for divorce.

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What If My Spouse and I Cannot Agree on All Child Custody Issues?
If the child custody case is not resolved through negotiation, mediation, collaborative process or arbitration, the Court will conduct a custody trial. At the end of that trial, a Judge will decide those remaining issues as to custody and visitation.

Child custody comes in many forms: sole legal and physical custody to one parent; joint legal custody with one parent having primary physical custody; and joint physical custody with the parties sharing time with the children to a greater degree.

The Court has great discretion in deciding which custody arrangement is best. The Court's decision is to be guided by a standard known as the best interests of the child, and the law provides a list of specific factors for the Court to consider in making that determination.

The Court may order a psychological evaluation upon the request of either party and can consider the results of that evaluation in deciding custody. The Judge presiding at the custody trial can speak with the child whose custody is at issue. However, in most cases the parents wisely choose not to ask a child to become directly involved in the custody proceedings. If a child is asked to speak to the Judge, these meetings generally occur in the Judge's office; it is rare for a child to testify in open court.

Please refer to the Child Custody and Visitation section listed in our Practice Areas for a more complete discussion of Virginia custody proceedings.

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How Are Property and Debt Issues Resolved?
Couples may determine how to divide family property and family debts between themselves or with the assistance of their attorneys. If necessary, the parties can ask the Court to make these decisions.

Under Virginia law there are factors and considerations that must taken into consideration in this complex area of family law. The attorneys at Shoun, Bach, Walinsky & Curran, P.C. have extensive experience in this subject area known as "Equitable Distribution."

For an extensive discussion of this subject, please click onto Equitable Distribution of Property and Debts in our Practice Area section.

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How Are Pension, Profit Sharing and Retirement Benefits Handled?
Courts in Virginia may divide the marital share of one spouse's pension, profit sharing, or deferred compensation plan and order direct payment of a percentage of these assets to the other spouse. This issue may be discussed in complete detail with one of our attorneys during an office consultation. The attorneys at Shoun, Bach, Walinsky & Curran, P.C. deal extensively with many types of private, United States Government, and military pensions, and survivor benefit plans.

Please click onto Pension, Profit-Sharing and Retirement in our Practice Area section for a more extensive discussion of Virginia law relative to equitable distribution of pension and retirement benefits.

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What is a Premarital (Antenuptial or Prenuptial) Agreement?
In Virginia a premarital agreement is defined as "an agreement between prospective spouses made in contemplation of marriage and to be effective upon marriage." The Virginia Premarital Agreement Act requires compliance with certain specific formalities to ensure that the agreement is fully enforceable. The attorneys at Shoun, Bach, Walinsky & Curran, P.C. are prepared to answer inquiries relative to the legal prerequisites of such agreements and are qualified to prepare agreements for an individual contemplating marriage.

Please click onto Premarital (Antenuptial or Prenuptial) Agreements in our Practice Area section for a more substantive and extensive discussion of Virginia law relative to premarital agreements.

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