Fredericksburg Divorce Attorney
Aggressive & Professional Representation in Virginia
If you find yourself facing the possibility of divorce, you do not have to do it all by yourself. With the stress and emotional strain that is already on your family, why add another burden onto your shoulders?
Instead, reach out to the skilled Fredericksburg divorce attorney at A. Lewis Lowery, Jr., Attorney at Law, PLC. We can help you with all your divorce and family law needs. Our family law attorney is skilled and knowledgeable in several key areas and can help you determine the right approach to your situation.
Call (540) 999-1886 to set up a consultation with A. Lewis Lowery, Jr., Attorney at Law, PLC today.
Filing for Divorce in Virginia
Everyone enters a marriage with the intention of making it last. However, people change – as do their desires in life. In Virginia, a divorce can be granted at the request of one or both parties and can be pursued in one of two ways: on fault grounds or without fault grounds.
While the majority of divorces are granted on no-fault grounds, there are several reasons to seek a fault-based divorce. Proving grounds for divorce such as desertion, cruelty, or adultery may enable you to expedite your divorce filing or favorably impact spousal support and property division agreements.
Drafting Sound Agreements during a Divorce
At some point in the divorce process, most couples negotiate the terms of various issues surrounding the dissolution of their marriage through a marital separation agreement, more commonly referred to as a property settlement agreement, or PSA. With the help of our Fredericksburg divorce lawyer, you can ensure that you cover all the necessities in these agreements.
Some of the issues that may be included in your agreement are:
- Equitable distribution of assets or property division: Under Virginia law, marital property is not automatically split down the middle. The principle of equitable distribution applies.
- Child custody and visitation: The care and custody of your child are perhaps your most important concerns. While some parents can agree on matters of custody and visitation, some cannot. In these cases, the courts decide custody issues.
- Child support: If one parent maintains primary custody, the other parent may be ordered to financially support the child through a monthly payment known as child support.
- Spousal support: Also known as alimony, spousal support is a form of financial support for spouses who need help regaining financial independence after a divorce.
Divorce FAQs in Virginia
Does Virginia have a residency requirement for divorce in the state?
Yes, Virginia requires that at least one of the spouses is a state resident for at least 6 months before filing for divorce in the state. Virginia won’t have jurisdiction over the divorce case unless the residency requirement is met.
Does Virginia have a waiting period before a divorce can be finalized?
There’s a built-in waiting period for a no-fault divorce since a couple must satisfy a 1-year separation requirement. For divorces based on adultery, there is no required waiting period.
What is the difference between litigation and mediation during a divorce?
Litigation is when the divorce case is handled in court and a judge decides the final outcome. This can be a lengthy and complicated process as there are often disagreements between the spouses in a litigated divorce.
Divorce mediation is when the spouses can work together with their own attorneys and a neutral 3rd party mediator who will help them settle the divorce outside of the court. This only works if the couple is willing to cooperate with each other, but is can be a much smoother and less painful process.
Speak with Our Fredericksburg Divorce Attorney Today
Attorney Lowery, Jr. is excellent at negotiating and drafting marital separation agreements for clients, and our firm is skilled at reviewing agreements drafted by your spouse’s attorney and suggesting necessary changes prior to signing. We are determined to secure positive outcomes for all and are committed to guiding clients and their families through the stressful process of divorce with compassion and integrity.