Loudoun County Divorce Lawyer

Even if you and your spouse are able to agree on everything you will need the help of an experienced divorce attorney in order to get everything properly filed and finalized. A divorce attorney in Loudoun County will be able to help ensure that all of the necessary paperwork is filled out accurately and filed on time.

Furthermore, your lawyer will review the terms of your divorce agreement and ensure that you are fully aware of the situation and possible repercussions created by the settlement. 

The majority of couples will be unable to resolve all of the disputes that must be settled in a divorce without help. While you may be able to agree on some things in your divorce, it is highly unlikely that you will agree on everything. Working with an attorney to enlist the services of a mediator may help you get everything resolved. 

If you still have unresolved issues after working with a mediator, you will need to settle things in the courtroom. In court, your divorce lawyer will argue your case in front of a judge as they attempt to win a favorable ruling on your behalf.

When a couple getting divorced has children, the most important issue that needs to be settled is how custody will be divided. There are two types of custody that must be settled.

Physical custody refers to where the child will live and the regular contact that each parent will have with the kid. Legal custody refers to the right of each parent to make decisions about the child’s education, health, religious upbringing, and overall well-being. 

A divorcing couple may be granted joint physical and legal custody. Alternatively, one parent could receive sole custody, or some type of combination could be awarded. When deciding who will have custody, the court will take several factors into consideration, including:

• The age of the children
• The child’s developmental needs
• The child’s cognitive abilities
• The child’s wishes if they are at least 14 years old
• The relationship between each parent and the child
• The willingness of each parent to co-parent the child
• The willingness and ability of each parent to meet their child’s needs
• Whether either parent has a history of sexual abuse or domestic violence

When determining child support during divorce proceedings, the main factor that must be taken into consideration is which parent has primary custody of the child. Most of the time, the parent without primary custody will need to pay child support to the parent who has primary custody. 

The amount paid in child support will be determined based on the needs of the child and the financial situation of both parents.

When the divorcing parties were married for a significant amount of time, spousal support may be granted. For spousal support to apply, one party must earn substantially more than the other. The decision of whether to grant alimony and how much will be awarded depends on multiple factors that include:

• The length of the marriage
• The health and age of both parties
• The income of both parties at the time of the separation
• The future earning capacity of both spouses
• The lifestyle enjoyed by each party while married
• Whether either party gave up a career to support their partner or children
• The distribution of property
• Whether either party was guilty of misconduct during the marriage, including adultery or abuse

If there was no prenuptial agreement, the court will likely look for an equal division of assets. However, other factors may be taken into consideration, including assets that belonged to either party before they entered into their union, as well as any possessions that were clearly the sole possession of one party during the marriage.

In Virginia, a married person can file for divorce without having to prove wrongdoing by their spouse. However, requirements regarding how long the couple has lived apart must be met. If the couple does not have children, they need to have been separated for a minimum of six months. Meanwhile, couples with kids must have lived apart for at least one year.

The separation requirement is waived if you are seeking a divorce because your partner committed adultery or has been sentenced to at least a year in jail or prison.