Roanoke Divorce Lawyers
You will live with the outcome of your divorce for the rest of your life. The decisions and actions you take today will shape your life, and your children’s lives, for many years to come.
Because of this, it is important to make informed decisions in any divorce or separation. Guided by information rather than just emotion, you can make choices that benefit you in the present and over time.
At Lutins & Pilgreen, PC, our Roanoke divorce and separation attorneys listen to our clients, discuss their goals and teach them what they need to know to make intelligent decisions about their next steps – both in court and in life. We help our clients get the most out of their divorces.
What Is The Difference Between A No-Fault And Fault-Based Divorce In Virginia?
Most states, including Virginia, allow for either spouse to file for divorce based on “irreconcilable differences.” In such cases, neither spouse is considered liable for causing the marriage to break down. We help clients dissolve their marriages easily, cleanly and equitably through no-fault divorce trials and settlements.
Virginia is one of the few states that still considers fault-based grounds for divorce, such as adultery, cruelty and abandonment. Fault-based divorce is often used by spouses who seek to obtain more money, property or child access in a divorce. Proof of adultery can also speed up the divorce process, as there is no mandatory waiting period before a divorce can become final. We help our clients in fault-based divorces, either by refuting or by proving the claims brought in court.
What Is Separation In Virginia?
Many people who are experiencing marital problems come to us seeking a “legal separation.” In fact, the status of separation does not exist under Virginia law. Rather, spouses are usually required to live apart, with the intention of divorcing, for six months (for spouses without children) to one year (for spouses with children) prior to a divorce becoming final. We help our clients make the most of this separation period by drafting separation agreements in advance of filing divorce papers.
In other words, a no-fault divorce can be granted if you have lived separately for one year. If there are no minor children and a separation agreement is in place, this period is reduced to six months.
This means couples need not prove any wrongdoing by either party to obtain a divorce.
Is An Annulment An Option In Virginia?
Virginia allows for annulment as an alternative to divorce, provided the filer can prove the marriage was defective according to certain legal definitions. While a divorce says, “This marriage is over,” an annulment says, “This marriage never happened.” If you need an annulment for personal or religious reasons or for reasons of liability, we can help you secure one.
Frequently Asked Questions About Virginia Divorces
Dealing with the complexities of divorce can be challenging. This FAQ section aims to provide clear answers to common questions about the divorce process in Virginia.
Whether you have concerns about marital property or child-related matters, we can offer valuable insights to help you through this difficult time.
How are assets divided during divorce?
In Virginia, assets are divided through a process called equitable distribution. This means that marital property is divided fairly, though not necessarily equally. The court considers factors such as the contributions of each spouse, the duration of the marriage and each spouse’s financial circumstances.
Regardless of whether your divorce is no-fault or fault-based, we can help you achieve your goals in distributing homes, vehicles, bank accounts and other assets.
Our attorneys can help you draft a qualified domestic relations order (QDRO) to modify the ownership of pension and retirement plans, ensuring a fair division of these important assets.
How long does the divorce process take?
The duration of the divorce process in Virginia can vary based on each couple’s circumstances. An uncontested divorce with no complications may resolve in several months. Contested divorces, which involve disputes over issues like asset division or child custody, can take significantly longer.
How is child custody determined?
It is determined based on the best interests of the involved children. The court considers factors such as their age, physical and emotional needs, the relationship with each parent and the parents’ willingness to cooperate.
Both joint and sole custody arrangements are possible, depending on what the court deems most beneficial for the child.
Contact Our Roanoke Divorce Attorneys Today
Contact Lutins & Pilgreen, PC, and our lawyers will take the time to discuss your needs and what matters to you, as well as the motivations and desires of the other side. We will examine your family law issue and consider all viable options while guiding you through the process of pursuing your goals through the court system or negotiations. You may reach us by phone in Roanoke, Virginia, at 540-627-5150.