How Our Attorneys Work With Divorce Clients
Under Virginia law, it takes at least six months to obtain a divorce, if the divorce is uncontested, the spouses have a written settlement agreement, and have no children. In divorce cases where the spouses cannot agree on all the terms of the divorce decree, the process can take up to a year or more.
At the Nova Family Law Group, our goal is to use our knowledge of the law and our negotiating skills to make the divorce process as smooth and speedy as possible for our clients. The sooner a divorce can be finalized, the sooner the former spouses and children can start to build a new, stable future.
Located in Fairfax, the Nova Family Law Group is a division of the law firm Hale Carlson Baumgartner, PLC. Our family law attorneys bring decades of legal experience to their representation of divorce clients in and around Fairfax and Northern Virginia.
Our attorneys are known especially for our ability to handle difficult, high-conflict divorce cases with calm and strategic approaches that often lower the level of conflict and help the spouses find creative compromises.
Negotiation - Mediation - Trial
In many cases a divorce can be settled with a Property Settlement Agreement before a case is filed with the court. However, if such a settlement is not reached, a divorce will begin when one spouse files a Complaint for Divorce. The complaint may request a divorce on no-fault grounds or on fault grounds, including adultery, cruelty, desertion, constructive desertion, and in some instances the conviction of a felony. Most divorces are granted on no-fault grounds. However, when a divorce petition claims that the other spouse engaged in improper behavior during the marriage, the claims of fault in some situations may have a serious impact on the divorce proceedings as well as on the other spouse's future.
After the petition is filed, the spouses will often negotiate a temporary agreement regarding child custody, child support, spousal support (alimony) and the residence — to be in effect while the divorce is pending. This type of agreement is often memorialized in a Pendente Lite Order.
Then, the spouses must attempt to make a permanent agreement about all the terms of the divorce: child custody and visitation, child support and alimony and division of marital property. Our attorneys use different techniques to negotiate an agreement. In some cases negotiation is done between the parties' attorneys. In addition, it often makes sense to use alternative dispute resolutions methods such as divorce mediation sessions, where a neutral third party will try to help the spouses find acceptable compromises.
Finally, if the spouses remain unable to agree on the terms of their divorce agreement, a trial will be held and a judge will decide the issues. There are cases where there may be a novel or undecided legal issue or where the opposing spouse is unreasonable so that a trial is justified.
In the cases where trial necessary, our lawyers have significant trial and litigation experience. If warranted are attorney's fight for your interests in the courtroom.
Contact the Nova Family Law Group
We offer all potential new clients a complimentary 30-minute consultation. To make an appointment, call 703-763-0980 or 866-639-8801 or contact us online.
