Frequently Asked Questions

On the FAQ section of the Legal Resources, under “how do I get a consultation” update to say:
Virginia Family Law Center offers a 1-hour consultation for $200, which can be scheduled here or by calling 703-865-5839. During your consultation, you’ll tell us about your case and your goals, and our attorneys will offer their opinions, strategies, and suggestions for your next steps.

A contested divorce is the “traditional” legal matter people think of when they hear the word divorce. This is when a couple cannot agree on the terms of their divorce and must go to court or mediation to resolve them. In the end, a judge will decide terms for you if you cannot agree to a settlement on your own or through your attorney.

An uncontested divorce is a type of divorce where both parties agree on the issues involved in the case, if any. In this type of divorce, commonly known as a “fast” divorce, the major issues in the case are settled by the spouses rather than in a trial where the courts would make those decisions. You can learn more about this “fast” divorce process here.

Virginia allows for divorce on fault-based and no-fault grounds.

Fault-based grounds include adultery, a felony conviction that results in a sentence of at least one year and that caused them to spend at least some time behind bars, desertion or abandonment, or reasonable fear of bodily harm.

No-fault grounds are granted based on a few conditions.  At least one party must be a resident of Virginia for at least six months, neither party is filing for fault grounds, and you and your spouse must have lived separately for one year or six months if you do not have children under 18.

A Separation and Property Settlement Agreement is a written contract between the parties presenting their rights, duties, and obligations arising from their separation and divorce. These may include the division of their property, spousal support, custody, and child support. Separation Agreements are not required in divorce, though they are highly recommended.

Marital property refers to anything of value acquired during the time the spouses were legally married. This includes bank accounts, income, investment portfolios, pensions, retirement accounts, houses, cars, jewelry, art, clothing, furniture, and even pets. Life insurance policies and lottery winnings are also considered marital property. For more information, read our article on marital property.

We get this question a lot due to misconceptions about the custody process. Simply put, fathers have a right to their children, and Virginia law forbids the practice of favoring a parent based on gender or sex alone. There is no presumption or preference for mothers in Virginia custody cases.

Virginia Code § 20-124.3 explicitly requires courts to base decisions on the factors it sets forth, which include and are not limited to the age, physical, and mental condition of the child, the relationship existing between each parent, the needs of the child, and the role the parent has played and will play in the future upbringing of the child.

Regardless of gender, if custody is your most important issue during your divorce, we highly recommend speaking with one of our experienced family law attorneys regarding custody strategies, potential custody schedules, and case building.

Living with a spouse during a divorce can be a viable option for some but might not be suitable for others. It’s a personal decision that requires careful consideration of various factors, including emotional well-being, financial implications, and legal consequences. For more information, please read our blog on this topic.

The lawyers at Virginia Family Law Center are experienced in handling every type of family law matter, are local to Northern Virginia, and include award-winning trial attorneys. We work with our clients every step of the way, put all questions to rest, and work hard to achieve the best possible outcome for your family. Just read our reviews on Google or see why more than 70,000 people follow one of our partners, Sharie Reyes Albers, on TikTok.