Find a Divorce Lawyer in Leesburg Va for Convenience
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 Leesburg Va and are looking for a divorce attorney, use the information on this site to help you make a smart decision. Leesburg Divorce lawyers can help process your case quickly and and as painlessly as is possible.
Common Divorce Law Questions
What property rights are created by marriage and Divorce?
Virginia statutes now provide for the “equitable” distribution of the marital property between the parties at the conclusion of the divorce. “Marital property” consists of all jointly-titled property as well as all other property, other than separate property, acquired by either or both of the parties from the date of the marriage through the time of the final separation. “Separate property” is property owned by one party prior to the marriage, property acquired after the parties have separated, inherited property and/or gifts to one party from a third person. Where “marital property” and “separate property” are mixed together or where the value of “separate property” is increased through the active efforts of either party during the marriage, then such property may be classified as “marital property” or as “part marital and part separate” property. In equitably dividing the marital estate, the courts may order monetary awards to one of the parties, divide the property, order the property sold or transfer jointly-titled marital property to one of the parties. Under Virginia's system of “equitable distribution,” the court is not required to divide the marital property on an equal basis. Instead, the court will consider various factors listed in the Virginia equitable distribution statute, including the relative monetary and non-monetary contributions of each of the parties to the well being of the family and to the acquisition and care of the marital property, when determining how to divide the marital assets. Pensions and retirement plans that were accumulated during the course of the marriage are also subject to division by the Court as part of its equitable distribution award. However, by statute, neither party can receive more than one-half of the amount of the other party’s pension or retirement plan that accumulated during the marriage.
When is Spousal Support Awarded?
Given the increasing changes to both the law and society, this area of divorce law is in the process of great change. Under recent changes in the Virginia law, the fault of a spouse in causing a divorce may no longer be a complete bar to obtaining spousal support. However, the court will consider the cause of separation as a factor in determining whether or not to award spousal support. Spousal support is not awarded to punish a guilty spouse. Rather, it is provided to lessen the financial impact of divorce on the party who is less financially independent. The amount awarded for support depends upon such factors as the respective ages of the parties, assets and earning potential of the parties and the duration and history of the marriage. The court may award spousal support in periodic payments and/or in a lump. Periodic payments could be awarded for either a set number of years or an indefinite period of time. Spousal support does not have to be awarded when the divorce is granted. Instead, the parties may seek a “reservation” of the right to seek spousal support in the future. This reservation will generally last for one half of the length of the marriage.
Who Receives Custody of the Children?
This is the crucial issue in most divorces. In determining the custody of minor (under eighteen) children, the court is guided by one standard‹the best interest of the child. The court may award “joint legal custody” where both parents have a role in making decisions for the child, or “sole legal custody” where one parent is ultimately responsible for making decisions in the child's best interests. Custody will not be given to a parent as a reward or deprived from a parent as a punishment. Rather, custody will be awarded to the parent who is most adaptable to the task of caring for the child, and who is able to control and direct the child. Further, custody may be changed if there is a marital change in circumstances after the date of the divorce. Factors considered by the court when awarding custody may include the age of the parent and child, the physical and mental condition of each parent and child, the relationship existing between each parent and each child, the needs of the child, the role played by each parent in the upbringing and caring for the child, the home where the child will live and the child's wishes if the child is of sufficient age, intelligence, and maturity to make such a decision. Another important factor to the court in establishing most custody arrangements is which parent will be the most likely to see to it that the non-custodial parent remains a strong part of the child or children's lives. Often the court will fashion living arrangements such that the child, at least during the school year, will reside primarily with one parent. The other parent will receive visitation with the child. Visitation rights will normally be set by the court if the parents cannot voluntarily agree upon satisfactory arrangements.
Leesburg, VA News
Recently, the Town of Leesburg discontinued the use of P.O. Box 88 as the Town’s mailing address. The Town’s main mailing address is now 25 West Market Street, Leesburg, VA 20176, which is the location of the Leesburg Town Hall. “As we looked for greater efficiency in the deployment of staff resources following the staff [...]
Virginia’s Secretary of Technology to Visit Mason Enterprise Center
Virginia’s Secretary of Technology Jim Duffey will tour the Mason Enterprise Center Leesburg/Loudoun County (MEC), located at 202 Church Street SE in downtown Leesburg on Friday, February 3, 2012. Secretary Duffey’s visit is at the invitation of Solar4Leesburg, one of the tenants of the newly opened business incubator. Solar4Leesburg is a woman-owned business that provides [...]
A new exhibit of watercolor paintings by artist Jill Poyerd will open in the Leesburg Town Exhibit Hall on Friday, February 3, 2012, as part of the monthly First Friday arts celebration. The Leesburg Town Exhibit Hall is located on the first floor of the Leesburg Town Hall at 25 West Market Street in downtown [...]
Super Bowl Sunday – Fans Don’t Let Fans Drive Drunk.
Posted Date: 2/2/2012 Designated Drivers Should Always Start The Super Bowl is America’s most popular national sporting event. All across the country, millions of people gather to socialize and watch the big game. The U.S. Depar...
Police Respond to Stolen Vehicle and Discover Mobile Meth Lab
At around 12:06 AM, the Leesburg Police received an alert from On-Star for a reported stolen vehicle from Indiana in the area of Clubhouse Drive in Leesburg. Patrol units responded and located the vehicle and a male and female associated with the vehicle. Officers looked through the vehicle windows and observed items that indicated a [...]
New BOS Representative to the Airport Commission
The Leesburg Executive Airport Commission welcomes Mr. Dwight Dopilka as the new Board of Supervisors Representative to the Commission, appointed by the Loudoun County Board of Supervisors. *
Leesburg Police Respond to Suicide Attempt Foxridge Drive
On Monday evening January 9, 2011 at approximately 11:39 PM, the Leesburg Police Department received a report of a suicidal subject armed with a handgun inside a residence located in the 400 block of Foxridge Drive SW. A female resident called 911 to report that her husband was threatening suicide with a handgun. Officers arrived [...]
Town of Leesburg Special Election Set For April 17, 2012
The Town of Leesburg will hold a special election on April 17, 2012, to fill the remainder of a Council Member term expiring on December 31, 2014. This Council Member term was vacated by Council Member Ken Reid’s resignation following his election to the Loudoun County Board of Supervisors. In order to be eligible to [...]
Police in Leesburg Make Quick Arrest in Attempted Bank Robbery
A suspect in the attempted bank robbery has been identified and taken into custody. Peggy Virginia Membreno, age 49 of no fixed address in Loudoun County, was taken into custody on the scene after she passed a note to a bank employee that implied her intentions to rob the bank. This afternoon, Leesburg Police detectives [...]
Attempted Robbery at Middleburg Bank on Catoctin Circle
At approximately 10:55 am, there was an attempted robbery of the Middleburg Bank located at 102 Catoctin Circle SE in Leesburg. No weapon was used and there were no injuries. The situation is stable and there is no threat to the public. The Leesburg Police Department is actively investigating the incident at this time. Anyone [...]