Henrico County Divorce Lawyer
Divorce is a significant and stressful event for anyone involved. If you are planning for divorce or are already involved in the process, skilled legal guidance can reduce the uncertainty and pain involved. Divorce can involve the sale of your home, division of financial accounts and retirement plans, and decisions on child custody if you share children with your spouse. You do not want to face these challenges without a proven Henrico County divorce lawyer to guide you through each step.
To learn more about your legal rights and options in a Virginia divorce, reach out to the knowledgeable family law attorneys at Price Benowitz today.
Understanding the Divorce Process in Virginia
Divorce involves the termination of a marriage by court order. Getting to that point involves several key steps along the way, starting with the filing of a divorce complaint. To file for divorce in Henrico County, you or your spouse must have resided in Virginia for at least six months before the filing date unless an exception applies under state law.
Virginia is a no-fault divorce state, meaning that a petitioner does not need to prove wrongdoing by the other spouse in order to obtain a divorce. Fault-based divorces are also permitted in Virginia. In a fault-based divorce, the filing spouse must include grounds for divorce, such as cruelty, desertion, or adultery. A Henrico County divorce attorney with experience handling both types of divorce can help you understand which option suits your situation best.
Divorce can be resolved through court hearings, but is often settled through negotiation in Virginia. With legal help at your side, you can proceed through divorce settlement negotiations confidently before your divorce is finalized.
Common Issues in Divorce
Every divorce case is unique, and there is no “one size fits all” legal approach to any divorce case. Divorces can be contested or uncontested, with numerous different issues to resolve before the case’s conclusion. Some cases are suitable for mediation or a collaborative law process, while others might require contested hearings in front of a judge. Your divorce attorney will be able to review the facts involved and help guide your approach.
Issues involved in divorce cases typically include:
- Spousal support: Either spouse may request spousal support (also known as alimony) based on their financial needs during and after the divorce;
- Asset distribution: Retirement accounts, pensions, and other financial accounts must be divided in accordance with state law;
- Division of debts between spouses;
- Division of property, such as homes and vehicles;
- Business interests held by either spouse;
- Determining whether certain property items are marital or separate under state law;
- Review of any prenuptial or postnuptial agreements.
As you face these and other issues during divorce, your dedicated divorce lawyer can help make sure you understand your legal options at all times.
How Divorce Affects Child Custody and Child Support
If divorcing spouses share children together, courts must address child custody and child support in addition to property issues. Whether custody is disputed or not, Virginia courts will review the best interests of the children under Code of Virginia §20-124.3. State law includes various factors that courts must consider when making decisions on custody and visitation. Child support is also based on state guidelines that will consider factors such as income, healthcare, and the needs of the children involved. Experienced Henrico County divorce attorneys can guide clients through issues involving children as a divorce proceeds.
Reach Out to a Henrico County Divorce Attorney for Legal Guidance
The challenges involved in any divorce case can seem overwhelming to anyone. A compassionate Henrico County divorce lawyer at Price Benowitz can guide you through the legal process and help you move forward with confidence. To learn more, call our legal team to schedule a consultation.