Divorce Lawyer in Fairfax VA
Divorce is never easy, it is a very emotional and stressful process. As a divorce lawyer in Fairfax VA, I can help you with your divorce case and make sure your legal rights are defended.
read below how we fight your legal rights, and equity distribution in virginia
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Different Types of Divorce in Virginia
Virginia has divorce based on grounds for divorce, but it also has no-fault divorce.
The three kinds of fault-based divorce are divorce by adultery, divorce by desertion, and divorce by cruelty. The no-fault-based divorce is divorce by separation.
Divorce by Separation in Virginia
Divorce by separation occurs when the parties of the marriage stop living together, stop acting as though they are married, and intend to end the marriage.
If there are any minor children from the marriage, the parties must be separated for a full year before the divorce can be finalized. If there are no children, the parties must be separated for six months.
Separation is usually when parties live in different residences.
However, the right conditions can allow parties to a marriage to live “separately” in the same residence.
If you have questions about divorce by separation, speak to our divorce lawyer in Fairfax, Virginia at American Lawyers Group.
Divorce by Adultery in Virginia
Divorce by adultery can be particularly difficult in Virginia.
To prove adultery, you must prove with clear and convincing evidence that the accused party had sexual intercourse with someone outside of the marriage. Adultery is technically still illegal in Virginia.
This means that it can be difficult to prove adultery when defendants use their 5th amendment right to avoid testifying.
Additionally, people who commit adultery tend to try and hide their actions before the lawyers get involved.
Typically, finding text messages, email, and other recordings that can show adultery occurred. You also need corroborating evidence to back up testimonial evidence of adultery.
If you have questions about divorce by adultery, call our divorce lawyer in Fairfax, Virginia at American Lawyer Groups.
Divorce by Cruelty in Virginia
Cruelty in Virginia divorce law does not mean the same thing it means in everyday use.
Normally, we think of cruelty as someone being mean to their spouse and saying mean things.
In divorce law, the bar is much higher. Cruelty requires some actual crime to be committed by one party of the marriage to the other. Sometimes, threats of such a crime can constitute cruelty.
Additionally, repeated and ceaseless emotional abuse can constitute cruelty under certain circumstances.
If you have questions about divorce by cruelty in Virginia, call the American Lawyers Group to meet with a divorce lawyer in Fairfax, Virginia.
Divorce by Desertion
Divorce by desertion occurs when one party of the marriage suddenly up and leaves the marriage.
Desertion requires that the party who leaves the marriage also stops contributing to marital debts and support of the marriage.
Desertion can also be constructive. Constructive desertion is when neither party physically leaves the marriage, but they still stop contributing to the marriage or withhold sexual intercourse for no legitimate reason.
Lastly, constructive desertion must drive one party out of the marital residence.
If you have any questions on divorce by desertion, call American Lawyers Group to speak with a divorce lawyer in Fairfax, Virginia.
Spousal Support in Virginia
Spousal support is money paid from one party to a marriage to the other after divorce.
The wealthier party pays the less wealthy party an amount set by the court for a time set by the court.
Virginia courts base spousal support on the standard of living during the marriage, the length of the marriage, and how the marriage ended. § 20-91
If the marriage ended as a result of a party’s adultery, they are barred from receiving spousal support.
Spousal support usually has a set length, but it can end earlier if circumstances change enough.
For example, if the receiving party gets married again spousal support ends. If you have questions for a Divorce Lawyer in Fairfax VA, call American Lawyers Group.
Why You Need a Divorce Lawyer in Fairfax VA?
Divorce can be a complicated issue with its different kinds of divorce, support paid after divorce, proving the kind of divorce you are seeking is the right kind of divorce, and many other factors.
One way to make divorce easier is to get a good divorce lawyer who has experience in Fairfax County, Virginia. Call American Lawyers Group to meet with a Divorce Lawyer in Fairfax VA.
Experienced Strong Defense Divorce Lawyer in Fairfax VA
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