Find a Divorce Lawyer in Purcellville VA
Divorce is a time consuming and difficult process that can take a serious toll on anyone's well being. It is important to find not only an attorney who is an expert at divorce law, or family 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 Purcellville Va and are looking for a divorce attorney, use the information on this site to help you make a smart decision. Purcellville Va Divorce lawyers can help process your case quickly and and as painlessly as is possible.
Only Hire a Lawyer With Expertise in Family Law. A lawyer who normally handles personal injury law or corporate matters will not be of much use in a divorce since he or she may have little understanding of family law. Most states do not allow attorneys to state that they specialize in family law. However, firms are permitted to state that they limit their practice to family law, which means that they do not practice in other areas of the law. Another indication that a law firm has expertise in family law is if the firm is known to take on pro bono cases in family law. A pro bono case is a case that the firm takes on for no fee or a reduced fee because the client is financially eligible for such assistance under criteria established by a local or State Bar Association. You can also ask what percentage of the lawyer's practice is devoted to domestic law cases
Always have a written agreement. Do not hire a lawyer based on an oral agreement. That only leads to misunderstandings. Insist on a retainer agreement in writing and make sure you understand all the terms of the agreement.
Family Lawyers Usually Charge "By the Hour." You will need to be conscious of the amount of time you take with your divorce lawyer and the amount of time that your attorney has to bill towards your case.
You should ask questions and read the material in this web site so as to better understand the law and the process. You - not your lawyer - should make the ultimate decisions about how to proceed with your case. After all, it is your life and your future that 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.
Leesburg, VA News
Leesburg Water Treatment Plant Recognized for Operational Excellence
The Town of Leesburg Utilities Department has earned the Virginia Department of Health’s (VDH) Excellence in Waterworks Performance Award for the eighth consecutive year at the Kenneth B. Rollins Water Filtration Plant. The VDH Office of Drinking Water Recognition Program rewards water systems that have demonstrated excellence in performance and operations and for the treatment [...]
Leesburg Police Annual Report Shows Increases in Crashes and Larceny
The Leesburg Police Department has released its 2011 Annual Report. The report highlights department operations and key law enforcement events in 2011 as well crime, traffic and workload statistics such as; Calls for service and officer generated proactive actions increased by 12% Reportable crashes increased in 2011. There were 450 in 2011 compared to 352 [...]
World’s Largest Swimming Lesson to be Held in Leesburg
On Thursday, June 14, 2012, thousands of kids and adults at aquatics facilities around the globe will unite to set a new global record for the World’s Largest Swimming Lesson™ (WLSL). The A.V. Symington Aquatic Center in Leesburg’s Ida Lee Park will be an official host location for the event, taking place at 11:00 a.m. [...]
Police Challenge High School Students to Buckle Up
The Leesburg Police Department and Virginia State Police are challenging the town’s 2,932 high school students to “put it together” in order to save lives and reduce traffic deaths and injuries resulting from a lack of seat belt usage. Heritage, Loudoun County and Tuscarora high schools will be competing with one another the week of [...]
Leesburg, VA (May 9, 2012) – The American Academy for Park & Recreation Administration, in partnership with the National Recreation & Park Association, has named the Town of Leesburg’s Parks & Recreation Department as one of four finalists for its prestigious National Gold Medal Award for Excellence in Park and Recreation Management in the 25,001 [...]
Town Submits Charter Amendment Moving Town Elections from May to November to Department of Justice
In November 2011, a referendum to move Town of Leesburg elections from even-numbered years in May to even-numbers years in November was passed by Leesburg voters. In March 2012, the Virginia General Assembly approved an amendment to the Leesburg Town Charter, changing the date of town elections from May to November and providing that the town [...]
Town of Leesburg to Begin East End Triangle Improvements
Leesburg, VA (May 8, 2012) – On Monday, May 14, 2012, the Town of Leesburg will begin the first phase of the Downtown Improvements Project with the relocation of power lines at the East End Triangle, near Mom’s Apple Pie. Dominion Power will complete all power line relocation work, which will include: Power going to [...]
Streets in Leesburg will be Resurfaced During Week of May 21
Several streets in Leesburg will be resurfaced during the week of May 21, 2012. Part of the Town’s regular streets maintenance program, milling and paving is a surface replacement process that eliminates existing pot holes and creates a smooth new road surface. Milling and paving extends the life of the Town’s streets and is done [...]
Leesburg Police Make Arrest in Child Abuse Case
On May 4th, 2012, Ronald “Scooter” Hutton, age 20, of Leesburg, was arrested and charged with one count of Malicious Wounding and one count of Cruelty to Children. The incident occurred in May of 2011 and the victim was a sixteen month old family member. The charges stemmed from an investigation of another allegation of [...]
VDOT to Hold Public Hearing on the Sycolin Overpass Design
On Thursday, May 17, 2012, from 6:00 to 8:00 p.m., officials from the Virginia Department of Transportation (VDOT) will hold a public hearing on the design of the Sycolin Road Overpass. The public hearing will be held in the lower level of the Leesburg Town Hall (25 West Market Street). This project will build an [...]