Find a Divorce Lawyer in Middleburg Va
Life in a rural area like Middleburg Va can make it very difficult to work with an attorney especially in a divorce case. 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 Middleburg Va and are looking for a divorce attorney, use the information on this site to help you make a smart decision. Middleburg Divorce lawyers can help process your case quickly and and as painlessly as is possible.
Mediation is an alternative means of settling disputes that can save thousands of dollars and many hours spent in litigation. In family law disputes, mediation is often preferred over litigation because it facilitates future communication between the parties which is necessary when the future of the children is at stake.
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.
Middleburg, VA News
Middleburg Man Killed in Crash Outside of Leesburg
A Middleburg, Virginia man lost his life in a single vehicle crash Sunday night on Route 15 just south of the Town of Leesburg. William Donale Grant, 46, was traveling south on Route 15 near Foxfield Lane around 8:30PM when his vehicle, a 1991 Pontiac Grand Prix, left the roadway and struck a mailbox, a [...]
Domestic Dispute Leads to Stabbing in Loudoun
A 66-year-old Virginia man was charged December 02, 2011, after he assaulted his estranged wife with a knife at her home in Aldie, Virginia. Matthew B. Parker, of Unionville, Virginia, is charged with attempted first-degree murder. Loudoun County Sheriff’s Deputies responded to the residence in the 39300 block of John Mosby Highway (Route 50) around [...]
Foxcroft Leads Nanette’s Walk Once Again
Share with Addthis MIDDLEBURG, VA –For the fifth year in a row – each year that the event has been in existence – Foxcroft School had the largest contingent Sunday (Oct. 9) at Nanette’s Walk to support the Cherry Blossom Breast Cancer Foundation. Thanks to the leadership of junior Mary Motion, who lost her mother [...]
Aldie Wins Loudoun Library Summer Reading Award
Aldie Elementary school was rewarded on October 5th for having the highest percentage of students that signed up to participate in the Loudoun County Public Library’sSummer Reading Program. Chang Liu from the Loudoun County Public Library presented the school with an impressive trophy. Principal Karen Roche and librarian Andrea Kling further rewarded the students by [...]
Route 50 Traffic Calming Project in Aldie Scheduled to Begin
Share with Addthis ALDIE — Congressman Frank Wolf, the Route 50 Task Force and the Virginia Department of Transportation (VDOT) break ground Friday morning on a traffic calming project for the village of Aldie, located between Middleburg and Gilberts Corner in Loudoun County. When completed in December 2012, Route 50 in Aldie will be transformed [...]
Middleburg Elementary Celebrates Their Centennial
Share with Addthis Middleburg Elementary will celebrate its 100thbirthday on Saturday, September 24th. Among the highlights of the celebration will be alumni and students sharing memories from Middleburg Elementary’s history and a tour of the “Middleburg Elementary Museum.” There will be a student musical, “This is Your Life, Middleburg Elementary,” and a “Through the [...]
Foxcroft Hosts Admission Festivals
Share with Addthis MIDDLEBURG, VA–What is a typical day at Foxcroft School really like? Prospective students can see for themselves – and learn about the School’s innovative curriculum and outstanding riding program — at one of four upcoming Admission Day Festivals being hosted by the girls’ boarding and day school. The first festival is scheduled [...]
Upperville Resident Wins Big in Virginia Lottery
Lewis Lanham of Upperville is a very lucky person. He matched five numbers plus the Free Ball in the July 13 Win for Life drawing to win the game’s second prize of $52,000. He bought the winning ticket at the 7-Eleven at 8324 West Main Street in Marshall.The winning numbers for that drawing were 3-7-9-17-20-29 [...]
Foxcroft School Welcomes Teen Victims of Terrorism from Around the World
MIDDLEBURG, VA – Led by Assistant Head of School Sheila C. McKibbin and Student Head of School Samantha Nelson, Foxcroft School this weekend welcomed 77 teenagers from nine countries who all share a terrible experience: losing a family member to an act of terrorism. The youngsters, who come from as far as Sri Lanka and [...]
VDOT Schedules Middleburg Sidewalk Repairs
Starting Monday, May 23, VDOT has scheduled a contractor to repair the concrete sidewalks, curbs, gutters and storm drains where needed. They will be starting on West Marshall Street. VDOT plans to place a door hanger on your door three days before they begin work in front of your business/residence. The day that the work [...]