Responding To Some Common Divorce Questions
If you are considering divorce, we want to help you understand what you can expect and what you may be wondering moving forward. We are Russell W. Ray, PLLC, a family law firm serving the people of Springfield, the D.C. area and Northern Virginia.
Below are a few of the most common questions that Fairfax County and Prince William County spouses wonder about divorce:
Will my case go to trial?
There is no way to guarantee whether a divorce will or will not end up in court. Some couples can come to an agreement about their terms of divorce through domestic mediation, but other times, a trial is the most surefire way to protect yourself. A family law attorney can fight for your interests in court so you do not end up at a financial disadvantage after a divorce.
How long will my divorce take?
Most divorces take several months to finalize. Some can take a year or more. Especially when child custody and parenting time are involved or you have valuable assets, the process will be complicated. Once an attorney is familiar with your case, they can answer this question more specifically for you.
What is the difference between a contested and uncontested divorce?
The main difference between a contested and uncontested divorce is whether the couple can agree on the terms of their divorce.
In an uncontested divorce, spouses typically for a “no-fault” divorce and work together to create a written settlement agreement that addresses all the issues that must be settled, including matters of custody and visitation, the division of marital assets and debts and support obligations. The agreement is then submitted to the court for approval. Uncontested divorces are, therefore, typically faster, less acrimonious and less costly.
In a contested divorce, the spouses disagree on at least one aspect (although, usually, several) of their divorce, such as custody and visitation rights, the division or retirement funds or a business valuation. The issues will then be litigated in front of a judge, who will then make the final decisions about how to handle the situation. Contested divorces are typically longer processes, more expensive and more likely to be emotionally difficult.
How is child custody determined in Virginia?
Ideally, divorcing parents will come together and craft an agreement about child custody that reflects the needs of their children and is tailor-made for their family. When the couple cannot agree on what should happen, the court will make decisions about custody and visitation based on what is in the child’s best interests. To do so, the court will look at things like the child’s age and developmental needs, their relationship with each parent, the connections the child has with extended family, their current adjustment to their family life and community and the ability of each parent to provide a safe, stable home.
How is child custody divided in Virginia?
Parents may be awarded joint or sole physical custody and joint or sole legal custody. Physical custody refers to the right to control where the child lives, while legal custody refers to the right to make significant decisions on the child’s behalf, such as what medical treatment they will receive, what schools they will attend and what religion they will follow.
Are divorce orders permanent?
Though you must abide by all the rules laid out in a divorce decree, those rules are not necessarily set in stone. Over time, your circumstances are going to change. It is possible to modify divorce orders years down the line. However, Virginia has laws on what warrants a divorce modification, so you still want a lawyer who can effectively fight for what you need during the divorce.
How do I choose an attorney?
As you search for a divorce lawyer, you may wonder what factors you should consider. One of the first things to look for is experience. A lawyer’s job is to look out for your interests and navigate through the law for you. The more experience a lawyer has, the more effectively they can do this. Attorney Russell Ray has over 30 years of experience, meaning 30 years of navigating through Virginia’s laws, giving legal advice based on that experience and successfully resolving divorces.
Why should I hire a small law firm?
When seeking counsel, you should also consider the size of the firm. Large firms take on a huge volume of cases and are unable to offer personal attention. At a small firm, you will be able to communicate with your attorney whenever needed and your attorney has more time to get to know you and your case.
Speak With An Attorney For More Answers
We hope these answers touched on some of your concerns, but you will always get more thorough, direct answers once you have spoken to an attorney. To set up a free consultation and tell us about your situation, call Russell W. Ray, PLLC, at 703-935-4634 or contact us online.