An Aggressive And Knowledgeable Roanoke Divorce Lawyer

Going through a divorce is a difficult transition. It is overwhelming to make decisions that will impact your life and your children’s lives for many years to come. Therefore, it is important that your decisions are informed, and you are legally guided by someone with experience and knowledge. Making informed decisions will help you rise above the emotion and make choices that benefit you now and well into the future.

At Lutins & Pilgreen, PC, our Roanoke divorce and separation attorney has more than 30 years of experience. He listens to our clients, helps them to evaluate their goals and teaches 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.

Understanding 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.

However, Virginia is also one of the few states that still considers fault-based grounds for divorce. Fault-based grounds can include 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 based on adultery can become final. We help our clients in fault-based divorces, either by refuting or by proving the claims presented in court.

Pursuing Legal Separation In Virginia

Many people who are experiencing marital problems come to us seeking a “legal separation.” In fact, the status of legal separation does not actually exist under Virginia law. Rather, spouses are usually required to live apart for a specified amount of time before a divorce can become final. If a couple does not have children, this separation period is six months. If a couple has children, they must live apart for a year before their divorce can be finalized.

To help our clients make the most of a separation period, our experienced divorce lawyer can draft and facilitate separation agreements in advance of filing divorce papers. This will help everyone understand their rights, responsibilities and expectations during this separation time, prior to your divorce.

Understanding Annulments In Virginia

Virginia allows for an annulment as an alternative to divorce. However, you can only file an annulment if you have been married for less than two years. An annulment can facilitate your separation, as you do not need to comply with a waiting period for an annulment. In an annulment, the filer must 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. Our divorce lawyer has been helping clients in Roanoke for decades. Here, he provides some answers to the questions we are most commonly asked about the divorce process in Virginia. For answers to questions about your specific questions, we offer initial consultation appointments.

What should I do if I’ve just been served with divorce papers?

First, take a breath. Do not take any rash action, as it could compromise your ability to fully protect your interests. The choices you make early on could have lasting implications for your future. To make the most of those choices, contact a divorce lawyer as soon as you are able.

Even if you are not sure whether a divorce is truly in your future, an attorney can help you understand your situation. Many people, including your friends, your family and even strangers, may want to give you legal advice. But only a knowledgeable family law attorney can thoroughly advise you of your options, empowering you to make the best choices for yourself and your loved ones.

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. In addition, we 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?

Child custody is determined by evaluating the best interests of the involved children. The court considers factors such as:

• The age of the child
• The child’s physical and emotional needs
• The relationship the child has with each parent
• The parents’ willingness to cooperate.

Both joint and sole custody arrangements are possible, depending on what the court deems most beneficial for the child.

How can I make our divorce easier on my child?

There are several ways to ease the emotional burden of your divorce on your child. These include:

• Don’t put your child in the middle: While you may be angry toward your former spouse, avoid badmouthing him or her in front of your child. Speak with a counselor, friend or other confidant if you need someone to vent to.
• Keep things consistent: Children need the stability of routines, especially when they are moving between parents. Try to keep designated times for things like homework and sleeping, coordinating with your former partner if possible.
• Listen: Your child needs to know that you are there to listen without judgment. Allow him or her to share feelings, listen sincerely and offer what words of comfort you can – without giving them false hope or making promises you can’t keep.
• Don’t be afraid to ask for help: Talk to your child’s teachers, your attorney and anyone else you trust for help during this time of change. They may be able to offer your child additional emotional support.

At Lutins & Pilgreen, PC, we want to help you through your divorce with the least amount of stress and worry. This means that we are here to answer your questions and guide you through this difficult time. Our experienced family lawyer will advocate for your rights, fight to protect your interests and help you make decisions that will carry you forward into your new life.

Contact A Roanoke Divorce Attorney Today

At Lutins & Pilgreen, PC, we offer initial consultations. To schedule an appointment to discuss your case and find out more about how we can help you with your separation or divorce, you can contact us by sending us a message through our contact form. You can also call our Roanoke office at 540-627-5150.