Find a Divorce Lawyer in Ashburng VA
Divorce is a time consuming and difficult process that can mentally and physically drain anyone. It is important to find not only an attorney who is an expert at divorce law, but also a lawyer that practices near you. Divorce will require paperwork and attorney visits that can be very time consuming and disruptive if your attorney is located in a town or city that you do not have easy access to.
If you live in or around Ashburn Va and are looking for a divorce attorney, use the information on this site to help you make a smart decision. Ashburn Divorce lawyers can help process your case quickly and and as painlessly as is possible.
To obtain a divorce in Virginia, either you or your spouse must be a resident of Virginia for at least six months prior to filing for divorce. If there are no children from the marriage, you must be separated for a minimum of six months and have a written property settlement agreement before you may file for divorce. If there are children from the marriage, you must be separated a minimum of one year before you may file for divorce. In Virginia, you do not file a separation agreement with the court.
If you choose to represent yourself, you will be expected to follow the same procedures as an attorney. Please do not ask court personnel for legal advice or assistance. Court personnel are prohibited by state law from giving you legal advice or assistance. You are strongly encouraged to hire an attorney.
Common Divorce Law Questions
What are the Child Support Obligations?
Normally the party receiving visitation will be called upon to contribute to the support of the minor child. This could be an obligation of the mother, the father, or both, if a third person has custody of the child. The court is guided by the needs of the child and the ability of the supporting parent or parents to pay. The use of the state child support guidelines provides an amount of child support that is presumed to be correct, but the court may deviate from these guidelines in appropriate circumstances. The award is subject to change so long as the obligation to support remains. The child support amount may be increased or decreased if a material change occurs in the circumstances of either or both of the parents or of the child. Non-custodial parents who have their children for more than 90 days per year for visitation have their child support calculated using a different formula that is likely to make the support lower. The court may also require a party to maintain an existing life insurance policy to provide financial security for a child in the event that the parent obligated to pay child support dies.
What is a Property Settlement Agreement?
Rather than having the court rule upon the issues in the case, parties have the option of reaching a voluntary agreement resolving their concerns raised in the divorce. The court will enforce the agreement once it is in writing, signed, sworn to by both parties, and properly notarized. Oral agreements dividing the marital property may also be enforceable, but the terms of oral agreements are very difficult to prove to the court.
A Property Settlement Agreement is a written contract between the parties that sets forth their rights, duties and obligations that arise out of their separation and divorce and may include such things as the division of their property, spousal support, attorney's fees, custody of their children, and child support. Such agreements are encouraged since they may amicably settle the rights of the husband and wife in the estate and property of the other. An attorney's skill and experience can be especially helpful in negotiating and drafting a fair, just, and reasonable Property Settlement Agreement for the parties and their children.
What are the Court Procedures?
Depending upon the practices in a given locality, evidence in a divorce case may be taken in the office of an attorney representing one of the parties, in the office of a commissioner appointed by the court to take the evidence, or in a courtroom before a judge. Controversies over custody, child support and spousal support are usually heard before a judge of a Circuit Court. In some cases, such as where no grounds for divorce yet exist, such matters may be heard in a Juvenile and Domestic Relations District Court, independent of the suit for divorce.
Are Attorneys Necessary? Who Pays the Fees?
Although an attorney is technically not required in a divorce proceeding, each spouse should obtain separate legal counsel if there are issues in the divorce that may be contested, property rights need to be determined, or the custody of the children is in dispute. The same attorney cannot represent both sides in a divorce case because there will be a conflict of interest.
A husband or wife who employs an attorney should discuss with the attorney his or her fees and make satisfactory arrangements to pay them. Quite often, a lawyer will require an initial payment made prior to the attorney starting work, called a retainer.
Depending on the circumstances, one spouse may be called upon to pay or contribute to the attorney fees and court costs incurred by the other. Whether either party has to pay all or a portion of the other party's attorneys fees are a matter left to the discretion of the court.
Ashburn, VA News
Passing Motorists Discovers Single Car Accident on Watson Rd
A passing motorist came upon a one vehicle crash over the weekend on Watson Rd in Leesburg early Sunday morning. The vehicle, a 2002 Jeep Grand Cherokee, apparently drove off the right side of the road when it was coming out of a curve. The vehicle went into a ditch and rolled over. The driver, a [...]
Ashburn Realtor Convicted in $7 Million Mortgage Fraud Scheme
ALEXANDRIA, Va. – Nadin Samnang, 29, of Ashburn, Va., has been convicted by a federal jury for his role in fraudulent mortgage loan transactions involving at least 25 homes in northern Virginia and more than $7 million in losses to lenders. Samnang is a District of Columbia real estate developer and was formerly a realtor [...]
Two Seriously Injured in Single Car Accident on Shellhorn Road
Deputies responded an accident that occurred on Shellhorn Road just before 4:00 p.m. Wednesday April 25. A 35-year-old Ashburn, Va. woman was driving a 2003 Honda Civic eastbound on Shellhorn Road when her vehicle went off the right side of the roadway striking the curb. The driver overcorrected to the left, then to the right [...]
Police Determine Report of Teen Assault Fabricated
The Loudoun County Sheriff’s Office announced today that the report of a teenager being grabbed by an unknown male as she was walking home from school on March 26th was fabricated. After a thorough investigation, including canvassing in the area of the alleged crime and interviews with the teenager, detectives with the Loudoun County Sheriff’s [...]
Deputies Force Entry into Ashburn Home After Domestic Dispute Call
Late Wednesday night Loudoun County Sheriff’s Deputies responded to a home on Petworth Ct. in Ashburn after neighbors reported a male subject was banging on a door and damaged a window of the home. When deputies arrived on the scene they attempted to make contact with residents in the home but were unsuccessful. Concerned for [...]
Ashburn Man Dies in Fiery Crash on Fairfax County Parkway
Tuesday, March 20, 2012 at 12:56 p.m., police responded to a crash on the Fairfax County Parkway near Franklin Farms Road. A 56-year-old Ashburn-area man was driving southbound on Fairfax County Parkway and for unknown reasons, left the roadway just past Franklin Farms Road and struck the sound barrier. After passers-by had pulled the driver [...]
Congessional Art Show at Ashburn GW Campus
The opening of the annual 10th District Congressional Art Show featuring works by area high school students will be from 6-8 p.m. on Thursday, March 29, at the George Washington University (GWU) campus in Loudoun County, Rep. Frank Wolf (R 10th) announced today. The show is free and open to the public. The winner will [...]
Ashburn Residents Focus on Quality of Life and Traffic
The final report for Loudoun County’s Ashburn Outreach Project is now complete and survey respondents identified several issues and areas within the community that, if addressed, could further improve Ashburn. In general, common themes emerged that included: quality of life; community design and identity; community facilities; parks and open space; the bicycle and pedestrian network; [...]
Another Data Center Announced in Loudoun
The Loudoun Department of Economic Development announced today that existing Loudoun businesses Equinix, Inc. and Carpathia Hosting have joined together to add a 64,000-square-foot data center to Loudoun’s ever-expanding market. The center is aimed at supporting industry-specific compliant solutions for healthcare companies, federal agencies and commercial industries. Carpathia has signed a build-to-suit agreement with a [...]
Rowdy Post-Game at Ashburn Ice House Leads to Multiple Charges
A hockey game at the Ashburn Ice House on Friday February 10th became the scene of crowd violence after a scuffle sent one spectator to the hospital. The crowd at the ice rink was near capacity for a game between two high school aged teams and as the crowd began to disperse after the game, [...]