Divorce is one of the hardest decisions you may ever make. Choosing how to proceed with a divorce is also one of the most important. While you and your spouse may have, at first, agreed to work things out on your own, it does not take long to realize the gravity of the situation, and the underlying disagreements that the two of you most likely have. Here at Simms Showers, our Leesburg divorce attorneys can help you navigate the months ahead so that nothing is left to chance.
The Three Types of Divorce in Virginia
There are three types of divorce in Virginia: uncontested divorce, no-fault divorce, and contested divorce. An uncontested divorce is the simplest type of divorce. An uncontested divorce is when the parties reach an agreement on all aspects of the divorce, such as division of marital property and child custody. Many divorces start out contested and end up being uncontested after months of negotiating. Conversely, a contested divorce is one in which the parties are not able to reach an agreement and a hearing is held on one or more of the issues in dispute. A judge makes the final decision in a contested divorce.
As for fault versus no-fault divorce, it can be difficult to prove a fault divorce, and in many cases it is not necessary. A fault divorce involves one party “causing” the breakdown in the marriage due to bad conduct, such as having an affair. Grounds for a no-fault divorce include the following:
- The spouses have been separated for at least a year; or
- The spouses do not have minor children and they have both signed a Separation Agreement that states they have been separated for at least six months.
The Four Most Important Divorce Matters
- Property Division—All assets and debt acquired during the course of the marriage is considered marital property, and must be divided during divorce. This means fairly, but not necessarily equally depending on the circumstances.
- Child Custody—Child custody is awarded as such:
- Legal custody can be either joint or sole;
- Physical custody can be joint or sole;
- The court also address visitation rights of the non-custodial parent.
- Child Support—If there is a non-custodial parent, or a parent with fewer custodial rights, such as visitation only, they will likely owe child support to help with their child’s food, clothing, housing, education, healthcare, toys, and other needs.
- Spousal Support—Spousal support can be awarded to the wife or husband and is based on the higher earning spouse’s ability to pay, the lower earning spouse’s need, and other factors such as the contributions each brought to the marriage.
Call a Leesburg Divorce Attorney Today
Divorce is never straight forward or simple. You need to protect your future by working with an attorney, no matter what type of divorce you plan on having. Call Simms Showers today at 703-879-1364 to schedule a consultation with one of our experienced Leesburg divorce attorneys.