Leesburg Family Law Attorney
From marital separations to contested divorces involving high net worth assets or high-conflict child custody battles, the skilled and compassionate Leesburg family law attorneys at Simms Showers LLP are here for you with practical advice and zealous advocacy to help you and your family get the results you need. If you are experiencing changes within your family dynamic or taking the next step to a new chapter in your life, our Leesburg family lawyers provide you with personal attention and dedication to protect your rights and help you achieve your goals.
Leesburg Marital Separation Attorneys
Virginia recognizes two types of divorce: a mensa et thoro or a divorce from bed and board and a vinculo matrimonii or a divorce from the bond of matrimony.
The divorce from bed and board is really a legal separation. Therefore, the parties do not have the legal right to remarry. For that, the parties must obtain a divorce from the bond of matrimony. A divorce from the bond of matrimony requires that the parties first live apart from one another for one year without any cohabitation, or six months if they have no minor children and have a signed a property settlement or separation agreement.
A divorce from bed and board alleges statutory grounds which can be filed immediately. The divorce complaint must allege willful desertion, abandonment, or cruelty and reasonable apprehension of bodily harm. Mental cruelty alone is not sufficient unless the conduct endangers the mental or physical health of the person seeking the divorce. The court can issue legally enforceable orders on topics such as custody and visitation, child support, and how the parties’ marital and separate property can be divided.
The parties can request that the court merge or convert the divorce from bed and board into a divorce from the bond of matrimony after the parties have been separated for a year. Typically, in filing a complaint for divorce from bed and board, the complaint will request a divorce from the bond of matrimony after the parties are separated for a year. Therefore, a new divorce complaint does not need to be filed.
Our Leesburg family law attorneys can represent you in your divorce from bed and board and help you reach a settlement agreement. If the grounds for divorce or other issues are contested, we provide strong and effective representation in court to protect your rights and advocate for a result in your best interests. After the required period of separation has passed, we can help you obtain a divorce from the bond of matrimony.
Contested Divorce Cases in Leesburg
In both types of divorces, the parties might argue over the grounds for divorce, which must be proven before a judge will grant the divorce. If contested, the court will hold a hearing, accept evidence submitted by the parties and listen to arguments before deciding whether the alleged legal grounds have been adequately proven. The Leesburg family law attorneys at Simms Showers LLP are experienced courtroom lawyers who ably represent both petitioners and respondents in contested divorce cases in the Loudoun County Circuit Court.
Even when the grounds for divorce are not contested, parties might still fight over important issues such as the custody of the children or the division of marital property. In a custody dispute, the court will decide custody and visitation based on the “best interests of the child” which involves the assessment of ten statutory factors.
Our Leesburg family law attorneys know the Virginia custody laws inside and out and prepare strong and persuasive arguments to influence how the court should rule in the child’s best interest. Whether drawing up a parenting plan, representing you in mediation or litigating in court, count on Simms Showers LLP to represent the needs of you and your children in the Loudoun County courts.
Our firm is also experienced in complex asset division in complicated cases involving high net worth individuals or couples. Virginia courts divide marital property on a basis they decide is equitable, which might result in an unequal distribution between the parties based on factors such as marital misconduct, the needs of the parties, the debts and liabilities of each spouse, how much each spouse contributed to the marriage, and several others.
Our legal expertise comes in handy when characterizing assets and debts as marital or separate, accurately valuing marital assets, and presenting strong fact-based legal arguments for a fair distribution. If your property settlement involves complex assets such as family-owned businesses or business interests, investment property, pension or profit-sharing plans, you’ll benefit from the advice and representation of our skilled Loudoun County family law attorneys.
Help With Vital Leesburg Family Law Issues
For help with marital separation, complex contested divorce cases, high-conflict child custody cases, and other family law matters in Leesburg, call Simms Showers LLP at 703-771-4681. We look forward to meeting with you and helping you with your family law legal needs.